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vikas   16 June 2015

Extra marital affair

One of my friend told me that she was having an affair with a married man who promissed to marry her. She also told me that he had been putting on a lot of emotional pressure (Suicide threats etc) for her to stay with him as he was going to marry her (as the girl wanted to move out and marry someone else). The affair was known to few friends and a cousion of the man. After some time the matter was disclosed to the family of the man (Wife and parents) and he start telling everyone that the girl was of loose character. they were into physical relationship. Can there be any criminal case against the man? Adultry charges and cheating by promise to marry?


 8 Replies

Anil Upadhyay (Lawyer)     16 June 2015

you can file case for adultery, but not for cheating on basis of promise to marry. Girl was aware that he was married and as you told she is emotional attached too. Girl done every act, knowingly, so other case can be filed.


Hope you got the answer..

saravanan s (legal advisor)     16 June 2015

as far as case for adultery u/s 497 ipc is concerned she cant file case over the it is clearily said that only the husband of a woman who is committing adultery can file case over the paramour of the woman.even the woman who indulges in adultery cannot be punished under this section

vikas   16 June 2015

sir, when the girl met the man she was not aware of his marital status as he did not let her know it anyway. It was only after some time that she discovered it and then also he managed to convince her that he is going to divorce his wife as he wanted to be with her. So, in my view he exploited the lady on the promise of marriage after divorcing his wife. Is it not a legal case of cheating or something like rape?


No use running behind court in this case, better find old slippers and do pooja and get the girl married silently to someone else ASAP.


Getting the man behind bars is easy, but girl's life be spoilt completely.  Mistakes do happen.  Time for revision.  All the best.

N R Dash.. (Advocate)     16 June 2015

If she really wants to fight for justice, she can file a complaint u/s 493 IPC with the local police station without any further delay. To tep further, she may also file for criminal defamation, however, you need to hire a prudent local lawer to do that.

Nitin (marketting manager)     17 June 2015

As Helping hand mentioned, there is no use running behind courts,

the more you drag in court the more compicated things will become courst will also consider his wife's plea on humanitarian grounds, best thing is to forget and move on with her life.


Sudhir Kumar, Advocate (Advocate)     17 June 2015

adultery charge can be pressed against him by his wife only.


she has no cheating case to sustain as she knew that a married man cannot marry her.



Sudhir Kumar, Advocate (Advocate)     17 June 2015

how does she prove that she was no aware of his marital status.

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