can a wife file a complain against her husband 4 having an extramarital affair?

Question

if yes, wat punishment wil he get?

is it possible vice versa? tats can hubs file against wives?

in india?

and if its not illegel then how do they say bigamy is illegel?

how does th indian law punishes a man who is married to more than one woman?

and guys.. i'm sorry but i'm not yet married.. i jus wanted it as a general information

Answer 1

Let me bring two provisions of criminal law with regards to your question. Firstly the provision with regards to bigamy where any married man or woman if performs marriage with another woman or man as the case may be he or she will be held liable for committing bigamy. Section 494 of the Indian Penal Code clearly provides Marrying again during lifetime of husband or wife.--Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. Not withstanding exception to this main section let be tell you what is the most important ingredient of this provision, namely both the valid marriage ceremonies of the accused person has to be proved with sufficient evidence, any thing short will not get him or her liable under this provision. In a case a married man start living with another woman & declare her as his wife will not be enough what will be required to get be punished under the provision of section 494 IPC is the ceremonies of his second marriage along with his first marriage & mind you both these ceremonies should be legal & valid hence binding him in the eye of law. In another instance a Hindu married man marries another woman say Muslim by religion without changing his Hindu religion to Mohammedan religion by Muslim ceremonies then he will not be said to have preformed a valid marriage with this Muslim woman, but if he change his Hindu religion to Muslim religion & get married to this Muslim woman by Muslim marriage ceremonies then he shall be liable for bigamy although as a Muslim he can marry four times legally but since his first marriage was according to Hindu form of marriage with a Hindu woman & he himself was Hindu at that time his first marriage has not been dissolved by his conversion to Muslim religion, he will be held to be legally married & his second marriage even after conversion to Muslim religion also legal but here the conversion was only for the sole purpose of second marriage & his liability towards his first wife doesn't end after his second marriage considering all these his second marriage is punishable offence although his new religion i.e. Muslim religion allows such marriage. This is the principle laid down by the Supreme Court of India in such cases. Now let me come to second provision of criminal law which speaks about adultery as offence. Section 497 of the Indian Penal Code provides whoever has sexual 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 sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either description 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.
In this provision indulging in sexual relationship with another woman itself by any man is not an offence, what is important that such woman should be a married woman & the sex did with her should be without her husband's consent. If a married man indulge in sex with an unmarried woman he will not be liable for adultery under this provision but he will be liable for the act of adultery in civil sense & on the basis of this his wife can seek divorce from him in the family court but cannot get him punished under section 497 of IPC as provided above. In case she wants to get him punished for this act then it will have to be brought under section 498A I.P.C. according which he can be held liable for committing mental cruelty towards his wife for which she has to prove that because of this act of his she suffered mental harassment amounting to cruelty. Hope all these information’s I have given with regards to extra marital affairs will fulfill your curiosity with regards to legal aspect in India.

Answer 2

Wife Having Extramarital Affair

Answer 3

Yes a spouse can complain if here or his spouse r havin an extramarital affair. Yes it is illegal in India. Bigamy is a culpable offence, apart from laws for Muslims, with a nominal fine or upto 5 yrs impisonment or both.

Adultery or extramarital affair is also a punishable offence, I m not sure of the punishment, but it is severe 4 the guys, husband or lover - both.

Answer 4

An extramarital affair is not illegal. As such no criminal charges could be filed. Several people suggested getting a divorce and then "suing him for everything he's got". Most states have adopted "no fault" divorce. With a no fault divorce the court does not take arguments about fault such as infidelity during the divorce. Fault is not used to determine the distribution of assets.

While it hurts that he cheated on you vengeful acts will not help you in the end.

Answer 5

Bigamy is when someone is married to 2 people at the same time.

Usually men aren't punished over there - only the women.

Here in some of the states, you can sue for Alienation of Affection, however you have to prove the other person ruined a good marriage. It wouldn't work if there were problems already in the marriage.

Answer 6

A lot of States still have Adultery as a crime in the books, but don't really prosecute for it. Yes, it swings both ways, and filing a complaint if you're guilty of it also, isn't a good move. It's grounds for a divorce, and if you have proof, use it.

Answer 7

He may have to correct her spelling.

Just WHO would you COMPLAIN to? Why would you think he would be punished?... do you think the Government should do EVERYTHING?

Geeze lady... in times past people just took care of their own problems without wanting to PUNISH someone for playing around.

Get a good divorce lawyer and stick it to him, if it makes you feel any better.

Answer 8

No...... cheating on a spouse is NOT a criminal offense.

I is only good grounds for a divorce.

In many states divorce's are "no fault" so it doesn't matter who cheated, all property is just split 50 / 50.

Anyway..... nope, its not against the law in any way.

Answer 9

my husband committed bigamy abroad and has two children from that wed lock . I am still his legally wedded wife and a mother of two kids born from this wed lock. I would like to know what prayers can be put while filing the bigamy suite? can i include my husbands family for conspiracy?

Answer 10

One possibility is divorce.
Another is adultery, although it depends on the state as to specific charges and punishments.

As to other charges, that depends on the state where you live.
Some have laws against sex outside of marriage.

In some parts of the world, adultery carries the death penalty.

Answer 11

What action can a woman take against her husband, if her husband installs CCTV in the house and also in bed room. He has also filed for divorce and lost the first case. my sister is staying in the same house he and his parents troubles her. He and his parents have not got the marriage registered nor they have included her name in ration card.

He wants to divorce her because she is in touch with her siblings.. Please suggest.