Hi, My younger sister is in relationship with a married man without her knowledge. The guy loves her deeply but due to the fear of losing her, he lied to her about his marital status. They have been in a partial live-in set up. Ever since he came into relationship with my sister, he has been trying to persuade his wife for mutual divorce. But she instead threatens him and my sister as well with charges of adultery and fake dowry case as the wife is not willing to separate at any cost. What should my sister do in this case? Would she be pressed with adultery charges too? If yes, then how should she prepare her case? How is this going to affect her career and our family status?
No case of adultery is Maintainable against your sister
2) wife cannot file adultery case against her husband or your sister
3) no case of dowry harassment is maintainable against your sister .
4) if dowry harassment case is filed husband should obtain AB from sessions court
5) your sister should forget the married man and move on in life
6) contested divorce cases take 5 years to be disposed of
Hello,
1) Let me quote what Adultery is in Indian Penal Code Section-497- Adultery “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.”
2) Therefore your sister cannot be a party or will not come in trouble in the episode even if his wife files a case of Adultery against her husband. This holds true even if your sister were a married woman.
3) The fact is that he cannot force his wife for divorce and she has every right to defend herself. It would be wiser for your sister to continue the relationship after he is able to obtain a decree of divorce. This would also help legally insulate the relationship and define it more precisely.
Thank you for the advice. The issue is neither the guy nor my sister are going to separate from each other as they are madly in love and inseparable. As per the above definition stated that adultery happens between two married people, how can his wife press adultery charges on the guy when my sister is not a married woman? Also, what happens if they entered second marriage? How many years of term would fall upon the guy n my sister (after having a child) if the wife files a case of second marriage under hindu marriage act?
Hii, the adultery charges can be framed by a husband on the lover or boyfriend of his wife .. The charges is framed only on the man who commits sexual intercourse with wife of another women ... Your sister cannot be implicated in whatsoever means under adultery ....2) she cannot marry him, as he is already a married man and second marriage is void under Hindu marriage act.. The only way out is to , that he first obtain divorce and then marry your sister ...
1.No aduletery case can be filed agint a womnSo your sisiter remain assuredon this account.
2.however since he is married and your sister ahs come to know it is better for her to leave this man so he can remain settled with his wife only.
3.In any circumstances whatever cases his wife may file against him n, no criminal charges can be filed against your sister.only case that can e be filed agaisnt your sister is to make her a party to the divorce suit if filed his wife agaisnt her husband.
Hello,
1) That is right, no charge of Adultery can stand against her.
2) A second marriage is illegal and your sister will not get the status of a married woman legally. Besides this marriage is bigamous.Bigamy is an offence in Indian Penal code and can land both him and your wife in serious trouble legally.
3) A child out of this marriage too will be treated illicit though it can acquire rights in the father's assets. The wife can file a case under bigamy as a as mentioned above
!1) no case of adultery is maintainable against your sister
2) second marriage during subsistence of earlier marriage is illegal
3) case of bigamy can be filed against the husband under section 494 of IPC
4) The punishment for bigamy is imprisonment, which may extend till 7 years or fine or both
This is clearly not a case of adultery as per the Indian penal code. Please note that as per the IPC a women can not be charged with adultery, only a man entering into physical relationships with a married women without the consent of her hisband is said to have committed adultery.
Second marriage if any will be void ab initio. Nothing can be done until and unless the hisband ends up his first marriage. Nothing adverse can happen against your sister though.
Regards
Dear Querist
The adultery which is criminal case under section 497 of IPC will not be applicable in your sister's case as the complaint can be filed by the husband of the women with whom any male is committing adultery, in your matter there is no husband exist hence complaint can not be filed against your sister .
His wife can fine the domestic violence case or divorce case against her husband but can not file any complaint against your sister.
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1. A case of adultery cannot be filed against your sister, but the wife of this man can launch the criminal prosecution of her husband and your sister under section 494 IPC for the offence of bigamy and also causing hurt under 323 IPC. If she can prove that they are in a live in then the court may draw a presumption of marriage. It carries an imprisonment of up to 7 years.
2. Ideally, your sister should severe her relationship with the man unless he obtains a decree of divorce from the court.
Your sister's friend cannot be subjected to cruelty offences by his wife.
However neither your sister or he can initiate any legal action against each other becasue they were just living together in a relationship and this relationship is not a guarantee for marriage.
Since your sister's friend is already married he cannot marry your sister during the subsistence of his previous marriage.
At the same time, his wife cannot lodge a criminal complaint against your sister for the offences of adultery.
As per the above definition stated that adultery happens between two married people, how can his wife press adultery charges on the guy when my sister is not a married woman? Also, what happens if they entered second marriage? How many years of term would fall upon the guy n my sister (after having a child) if the wife files a case of second marriage under hindu marriage act?
A wife cannot lodge a criminal complaint against her husband or his concubine for the adultery offences
She can seek divorce on the said grounds.
But if they marry each other then it is punishable and they may be punished under section 494 IPC.