Action against husband having an affair & in laws concealed this fact


i am a hindhu by religion and got married in 2015, since then i was harassed by my in laws in all matters. I do not find any support from my husband and his family. Also recently i came to know that my husband had a baby with a married lady whose husband is alive. She is not having any legal relationship with my husband but she is cheating her husband and continuously in touch with my husband. I was helpless because my husband is still continuing his affair with her. My mother in law and sister in laws, brother in laws know this issue well before my marriage. They intentionally spoiled my life by cheating my family members. I am unable to tell this issue to my parents and siblings. How can i take legal action against my husband and his full family and that third lady in my life. I was fully helpless and kindly suggest me a right legal path to proceed further.

Answers (3)


105 votes

Dear Madam,
Firstly you confirm wether you are ready take legal action against your husband and his famly members.
If you confirm above, you have to prepare to come out from your in laws house.
If u preapared as per above you may give report at local police station against te your husband and in laws about harassment and illeagal contact of your husband under section of 498A of I.P.C.


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108 votes

The wife's whose husband is in an extra marital affair, you have “no legal remedy” which can establish criminal liability for his disloyalty so there is no punishment.

Not even the woman with whom your husband establishes a sexual relationship outside the marriage can be prosecuted under the Cr.p.c but if she is married then your husband can be held liable adultery under the Indian penal code section 497.

COURT VIEW

The Hon’ble Supreme Court has opined this as a favorable discrimination towards women, as the law doesn’t envisage punishment for any of the spouses involved but additionally, not even for a woman outsider. Only an outsider man to the marriage is to be punished under Indian adultery law. It is for this favorable discrimination, the section has defeated the challenges questioning its constitutional validity (valid Article 15(3) of the Indian Constitution) in the apex court. The statute with provision are stated below.

The Hindu Marriage Act, 1955 and the Special Marriage Act, 1954

Divorce:

The Hindu Marriage Act (HMA) under Section 13(1)(i) and the Special Marriage Act (SMA) under section 27(1)(a) have mentioned in a very precise manner, that any marriage may be dissolved by a decree of divorce on filing of a petition by you on the ground that your husband or wife has, after the solemnization of the marriage had voluntary sexual intercourse with any person other than you

It cannot be criminally liable but it establishes a ground for divorce.

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161 votes

Hi,
I pleased for your situation, you can file a adultery against your husband and dvc against your in laws.
You can lodge a case against your in laws in the Women Police Station.
For further query contact personally

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