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Dnyaneshwar Vaidya (Officer)     19 May 2025

Personal advice

Dear sir

please put a side what is moral at what is not moral

I am 45 years and soon may opt to live with another married she too is married and we both have not filed for divorce. I just want to ask the dear friends 

Can her husband or my wife file any police case against us??

Can anyone i.e. court seperate us?? Even though we don't want to live with our slouse



 8 Replies

R.K Nanda (Advocate)     19 May 2025

What is ur question?

T. Kalaiselvan, Advocate (Advocate)     20 May 2025

What is your question, you may revert with proper question in a proper manner and not by posting any riddles here.

Dnyaneshwar Vaidya (Officer)     20 May 2025

Respected Sir 

My question is can any criminal case be filed against me or her by our spouse??

 

Can we forcibly separated by police or court??

 

Thanks in advance 

Dr. J C Vashista (Advocate )     20 May 2025

Neither facts nor query is clear, redraft and repost if it is not a time pass post.

T. Kalaiselvan, Advocate (Advocate)     20 May 2025

Your query is devoid of details hence any opinion given here will be a misguidance 

Real Soul.... (LEGAL)     21 May 2025

Since both of you are married you cannot marry during subsisting marriage, only after divorce you can marry, and in meeting or spending time together may not be an offence. Following the Supreme Court judgment, adultery is no longer a criminal offense in India. It is now considered a civil matter, with grounds for dissolution of marriage under the Divorce Act or personal laws.

But morally still it is not acceptable neither liked by society.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     21 May 2025

Can her husband or my wife file any police case against us?

No, no police complaint can be made against you. But if a police complaint is made the police may try to be smart and intimidate you as they think that you do not know the law. 

 Can anyone i.e. court seperate us?? Even though we don't want to live with our slouse.
No no court order can be obtained to separate you.

Section 497 of IPC was nullified by the Supreme Court some years back. IPC has been replaced by a new law. I do not remember its name. Presumably there is no section under the new law under which you can be punished. The learned lawyers may know.

Generally we try to follow laws in other countries particulaly the United States. In the US these laws are State subjects and the law varies from State to State. The maximum punishment in the US for adultery is a $10/- fine.

Dr. J C Vashista (Advocate )     30 May 2025

Live-in relation is not a crime in India, so no legal action can be initiated against either of you.


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