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Raj Deshpande (Job)     24 October 2017

Married man has a kid from girlfriend

A married man whose wife has filed 498 against him. He didn�t marry another girl but had a baby girl from her girlfriend. girlfriend has no concern for this. What charges can her wife file against him? Can he be convicted?


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 7 Replies

Vikas Hedau (Advocate)     24 October 2017

no penal charges against man, yet she/wife can file Divorce for cruelity

Jaspal singh (practicing lawyer)     24 October 2017

your wife can be sue u once she got to know..moreover if yr grlfrnd is married with another guy, he also can make register a fir against u/s 497 of ipc..

KS Johal   25 October 2017

Jaspal Singh - sorry to see if you are to give advice please check your English. I hope I have not offended you in anyway.

V.RAGHUNADH   25 October 2017

The wife has two alternatives, 
One is she can proceed legally by:
a)filing divorce on grounds of mental cruelty as having extramarital affair also amounts to cruelty,
b) also file 498 A case for continuous acts of cruelty 
or

Two is if she wants to retain her husband she can resort to Alternate Dispute Resolution System.

Raj Deshpande (Job)     25 October 2017

Thanks for responding. She already had filed 498 against husband and the kid was born after this case. Husband has also filed divorce case on ground of cruelty because she added his parents and relatives names in 498. In this case which other cases can she file and what would be problems for husband.

V.RAGHUNADH   25 October 2017

She can file a petition for maintenance U/s 125 of CrPC. This is usually decided after considering the income of the person, the standard of living that is consistent with the status of the claimant and the separate earnings, if any, of the claimant. The maintenance must aid in ensuring the same standard of living for the claimant. It must neither be so plentiful that it tempts the claimant to rely solely on maintenance nor so pitiful that it pushes the claimant into vagrancy or a lower standard of living.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     25 October 2017

the wife can only file a divorce case against him before family court under section 13(1)(ia) of Hindu Marriage Act if both of them are Hindu and she can claim maintenance if not able to maintain herself under section 125 of Cr.P.C or may file a domestic violence case against him and claim protection, right to residence, maintenance, child custody if any and compensation under section 18,19,20,21&22 of The protection of women from domestic violence act 2005.

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