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R Gupta (IT)     11 August 2012

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I got registered marriage last year in April. However me and my spouse never lived together under one roof. The marriage was not disclosed to our families and hence we were living separately in our homes. But after few months when i asked her to live with me she was not ready and needed more time. In the mean time I fall in love with my friends wife who wanted to live with me and hence we started living together since april 2012. She is about to be divorced very soon. However my wife has come to know this fact and has collected Text Messages (exchanged between me and the another woman) from the Cellular Service Provider with help of a Senior Police officer known to her in which it has written that I am living with another woman in a living relation. Now my wife don't want to go for a mutual divorce rather she wants me to screw. What are my chances if she files and adultery case ? What can be the worst case? 


 12 Replies

R Gupta (IT)     12 August 2012

But this all happened because my wife never acted as a wife neither she took her responsibilities of a wife. We never stayed together under a roof. do you think this is something called marriage and punishment should be given if I went for another woman?

I know its a punishable offence but are there any chances to get out of it? Does text sms exchanged with that woman is sufficient enough to proof it?

R Gupta (IT)     12 August 2012

I have read somewhere that since we have never stayed together, the marriage is subject to be null and void. Is this true? we got married under Special Marriage act 1954.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     12 August 2012

That is why your have to obtain divorce from first wife then only think about another women. Otherwife it is called illicit relationship. Your wife may file divorce petition and ask maintenance for her.You have to pay any how. This is additional financial burden to you apart from the jail punishment as Mr.Ashish suggested.

N.K.Assumi (Advocate)     12 August 2012

You never lived together after the mariage does not mean that you are single, and living together with another man's wife is adultery pure and simple as she has not a dicvorcee. You are in deep soup. Better contact a good lawyer for your defense.

1 Like

Adv.R.P.Chugh (Advocate/Legal Consultant (     12 August 2012

1. You have rendered yourself liable for adulerty by establishing s*xual contact with somebody's wife. However, having said that prosecutions for adultery are rare, and rarely proved, hence whether those text messages would be enough to prove the offence against you, would depend on the exact words and tenor of those messages.

2. Your estranged wife cannot sue you for adultery only the woman's husband can, he can addittionaly implicate you u/s 498 Criminal elopment as well.

3. Your wife can do something that is much worse, she can try suing you and your family u/s 498A IPC, apart from seeking maintenance.

1 Like

Nina Rakheja (unhappily married)     12 August 2012

you could go for nullity..i think

usha (-)     12 August 2012

I have filed criminal complaint against my husband U/S. 498(A), 342, 507 of Indian Penal Code and U/S 3, 7 of Dowry Prohibition Act and pursuant to my aforesaid criminal complaint arrest warrant was issued U/s.70 by Learned Metropolitan Magistrate, Ahmedabad. But accuse person was not tress out and arrested by the local police as he is residing in London, United Kingdom (U.K) and therefore LOC (Look Out Circular) was issued by the competent Police authority.after following aforesaid procedure by competent police authority nothing further positive development had taken place till today and to my reasonable knowledge till today even red corner notice proceeding is not initiated by the concern in charge police officer.

kindly advise me what should i have to do,to get him back to india?what are the legal procedure that i should follow.

HK_Jain... (498a Fighter)     12 August 2012


Post in separate/new thread.

JANAK RAJ VATSA (ADVOCATE)     14 August 2012

you are in trouble for adultery. the sms text evidentiary value depends on the language and exact wordings.

R Gupta (IT)     24 August 2012

My wife will not file any case now. She wants this relationship to be continued as separate but won;t give divorce. What are my options at this time? Can I file for nullity of the marriage after a year? Would she be able to file the same case again after a year on the basis of same proof and it will still be taken as offensive like it is now? I am not in any illicit relationship anymore. 

Britney Allen (Lawyer)     24 August 2012

We have registered legal issue in opposition to my better half U/S. 498(Any), 342, 507 regarding Native indian Penal Program code and also U/S 3, 7 regarding Dowry Prohibition Work and also pursuant to be able to my own aforesaid legal issue criminal arrest guarantee has been given U/s. 75 simply by Realized Metropolitan Magistrate, Ahmedabad. Yet accuse particular person had not been tress out there and also caught from the neighborhood law enforcement officials since he could be moving into Greater london, Great britain (You. E) and so LOC (Watch out Spherical) has been given from the skilled Law enforcement officials specialist. right after pursuing aforesaid method simply by skilled law enforcement officials specialist practically nothing more optimistic advancement acquired happened right up until nowadays also to my own affordable information right up until nowadays also reddish nook observe going forward just isn't begun from the problem responsible police.

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