Husband with illegal affair

Husband living with another married woman and has a kid. He has taken the custody of the first wife's baby girl aged 11 years and living with the other lady and their kid. Court has ordered that mother can visit the baby but he is denies her to visit. He tries to hit her on the road and creates nuisance in public. Need a solution. Please advise

+ 91 9225510883

Be precise about the court order and the facts about divorce.

If they are not divorced.. then the woman has every right to send this guy behind the bars and even to get the custody of the child.

Adv. Yogen Kakade

Jurycon Incorporation

Advocates & Consultants



The lady can file criminal cases of breach of trust, adultery against her and on these ground can ask for divorce from the court, if the husband is not permitting her to meet the child then the woman can inform it to the concern court and also file contempt against him


Adultery Laws for Indian Women

Adultery is the consensual or voluntary s*xual relationship of a married man with someone other than his wife and a woman with someone other than her husband. Although, the legal definition of adultery and laws pertaining to adultery varies from country to country, the basic essence remains the same. It points to an illicit and illegal correlation which breaches the marriage vows and affects the sanctity of marital relations. Laws against adultery are likely outcome of regulation and ethnicity claiming that marriages must be monogamous. Adultery law falls under the criminal law of India and has been put under chapter XX that deals with the offences concerning marriage.

According to Section-497 of Indian penal code- “Whoever has s*xual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such s*xual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either descripttion for a term which may extend to five years, or with fine, or with both. In such case, the wife shall not be punishable as an abettor.”

Section-498: Enticing or taking away or detaining with criminal intent a married woman Whoever takes or entices any woman who is and whom he knows or has reasons to believe to be the wife of any other man, from that man, or from any person having the care of her on behalf of that man, with intent that she may have illicit intercourse with any person or conceals or detains with that intent any such woman, shall be punished with imprisonment of either descripttion for a term which may extend to two years, or with fine, or with both.

Throughout the world, the female committing an adulterous act is also liable for punishment but Indian women are an exception for adultery laws and they cannot be punished under the law for committing adultery. The wife is not guilty of offence, not even as an abettor to the crime. The case can be filed by the husband of the female partner against the man with whom she had adulterous liaison (not against his wife) stating that he illegitimately intimidated and lured his wife into the relationship.

These laws were passed in 1860 during the British era and at that time the social status of women in India was pitiable. They were not independent economically and were considered as an object. The structure of the society was a lot different from what its today and several social evils were prevalent during those days. Polygamy, child marriages and sati system were common and since women were observed as a property of men, it was their utmost duty to safeguard their property. Women were subjugated and exploited by men and this led to the framing of such laws which punished only men which must be the seducer and women were not considered wrongful.

Although, considering today’s times, the scenario of the society has changed and women are socially and financially independent and they may be the seducer and not always victim or innocent. This customary law does not seem to be in consonance with the recent times and doesn’t apply equally to both the genders.


As the Court has ordered that mother can visit the baby but the husband  is denying her to visit, this is a fit case for filing contempt case against him.


Besides filing contempt of court cases she can lodge a criminal complaint against him for the offences of assault and forcibly grabbing the child and also for outraging her modesty in public, etc.




Your are not logged in . Please login to post replies

Click here to Login / Register  


  Search Forum



Post a Suggestion for LCI Team
Post a Legal Query
CrPC Course!     |    x