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498 WARRIOR (wqeqeqe)     14 August 2014

Would court listen to - why adultery happened ?

Have read many many threads on this forum, giving varied comments on adultery....but my questions is different and as follows... (do let me know if i am wrong anywhere and also suggest the way out...)


As per law - Extra maritial affair with an unmarried girl is not adultery and this also is very tough to be proved. BUT, incase of it being proved, how worst can it affect the case for the husband ? how will it affect maintainence and child custody ? the wife is earning 40k per month and they have a 9 yr old son. Husband  is a good father and taking care of the son well. Also, can the husband be punished ?? what punishment ?


My important question :  Husband has all proofs to prove that the husband and wife have'nt been s*xually together since almost 7-8 years and living in different rooms in the same house. Can the husband admit in court that he is involved emotionally with an unmarried girl, as he as a normal human being had to look for a female companion. The main ground of the divorce petition is also cruelty on grounds of no emotional / physical relation with the wife since 7-8 years. Would the court not understand this as a practical thing for any man and accept his extra marital affair ?? How would this be taken in court ?? ALSO, this would help the husband damage all allegations and case preparations of the wife, because their entire case stands only on this.

Along with this the husband can also prove that the wife has been harrassing him by threatening of putting false allegation, regular unwanted fights, false police complaints etc.


I have'nt got even a single similar thread on LCI, hence need suggestions from all you experts. please suggest how to take this ahead in the best possible manner.



 15 Replies

498 WARRIOR (wqeqeqe)     14 August 2014

Raj - i asked a different question. Irrespective of them proving, if the husband himself says - he fell into an emotional relationship due to the wife's extreme torture etc....can that be of any help  ?


and yes, i know....adultery is hard to be proved... but then why waste years, if we change the entire expected game plan for the wife's side ? their entire case would be sabotaged !!





K.K.Ganguly (Advocate)     15 August 2014

No. Law does not permit you to indulge into adulterous relationship with another women inspite of the fact that you think that have a need for that,

Biswanath Roy (Advocate)     15 August 2014

In law adultery has been clearly defined so question of any concession  relating to that does not arise.

498 WARRIOR (wqeqeqe)     17 August 2014

Dear Mr. Ganguly / Mr. Roy,

But everywhere its written that an affair with an unmarried girl is not adultery. Then how can it be wrong in front of law ??

And would law not understand why things happened ? This is really absurd....


plz guide me with a way out !! she knows about my affair and i am contesting the divorce for the custody of my child...else, would have settled for a mutual divorce long back.......would this affair, if proven will affect my custody case too ??? Even, if law does'nt say anything on it (affair with an umarried girl), Can i be punished ??














Biswanath Roy (Advocate)     17 August 2014

Although man is an animal like Dog but dogging behind an unmarried girl and enjoy her s*x by inducement for  participation is illegal and a crime punishable by law.

yogendra (engineer)     17 August 2014

If you convince your girlfriend to say in court that you both are merely friends.The game plan of your wife may be changed.But for this you have to do good preparation because in cross your gf may be caught.

498 WARRIOR (wqeqeqe)     17 August 2014

Yogender.....  u mean she can be called upon for cross in court ?

yogendra (engineer)     17 August 2014

498 A warrior...I am not lawyer.I am just giving my idea.You can discuss this idea with your lawer.I think so cross may be there.We are here to help each other and one idea can change our life.

K.K.Ganguly (Advocate)     17 August 2014

1. In which book of law is it written that affair of a married man with an unmarried girl is permitted?


2. If you can inform about the above, you will be appreciated by  so many people who are in need of such legal permission.

498 WARRIOR (wqeqeqe)     17 August 2014

Mr. Ganguly,

am no lawyer but have read this all over the net and in law books....  below is one of the links.... read point 'b' in this....


will send more links.....for your reference..


plz guide, if this is correct !!!!



T. Kalaiselvan, Advocate (Advocate)     19 August 2014

No doubt women cannot be prosecuted for adultery, but what about men, she can very well prosecute you for the offence.  You have a substantial ground namely non-cohabitation for a period two years upwards or more, this a valid ground for divorce, can she deny your averment?  By your act, she may draw adverse inference the child custody case by quoting you as a lose moral character under which the child may get spoiled and its future in bleak due to this, so better think about this too.

Biswanath Roy (Advocate)     19 August 2014

According to legal parlance adultery means voluntary s*xual intercourse between a married person and some one other than the person's spouse. Sexual intercourse between two married persons who are not married to each other, constitutes adultery on the part of both.  Sexual intercourse between a married person and an unmarried person the intercourse constitutes adultery on the part of the married person and fornication on the part of the unmarried person. Judges traditionally viewed adultery as a reason for denying the offending spouse primary custody of a child in child custody dispute..  But today only the deleterious effect of immoral behaviour on the child is typically considered relevant.

Happily Divorced (TL)     19 August 2014

Bro Author,


1. You wont be punished under any CRPC since in your case, as long as your wife would be the petitioner  and your girl friend is loyal to you.


2. But it will effect your defence while fighting your wife's divorce proceedings. Even in your custody case too. Logically it is stupidity on the part of indian judiciary as the affair started well after your wife's divorce proceedings. Still who has the time and intellect to look into all the case details. Unless you have an able advocate and a sound judge dealing your case, you will have to suffer. Anyway try to make the point clear and loud that the afaiir is after your wife's initiation of divorce proceedings.  


3. Finally, its not correct on your part that you moved on in your life but unwilling to set your wife free. Thats not right on your part. You may have to rethink for the benefit of all the stake holders.

N.K.Assumi (Advocate)     05 October 2014

I have enjoyed the discussions of the learned experts. I can only say that, Section 497 IPC is a blot on our legal systems and time to repeal it. We are now living at a time when live in relationship too has been legalize, as such we have to search the lop hole in our legal systems which does not match the marching time of our present world.

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