Have extra marital affair with colleague and wants to be safe legally , is extra marital affair lega

814 votes

No, extramarital affairs are not legal in India. However, it is important to note that Indian society generally holds the institution of marriage in high regard and extramarital affairs are generally frowned upon and considered morally unacceptable.

While engaging in an extramarital affair may not have legal consequences, it can have various personal, social, and emotional repercussions. It may lead to strained relationships, emotional distress, and potential social stigma within the family and community.

It is worth mentioning that certain aspects related to adultery were criminal offences under Section 497 of the Indian Penal Code (IPC) until September 2018. However, the Supreme Court of India, in a landmark judgment, declared Section 497 unconstitutional, stating that it violated the principles of equality and autonomy.

The law on extramarital affair is that 'adultery' itself is no longer a criminal offence in India. Hence, there cannot be any legal action taken against you solely on the basis of an extramarital affair. However, it can be considered a ground for divorce under the Hindu Marriage Act and other personal laws in India. The affected spouse can seek divorce on the grounds of adultery if they can prove that their partner engaged in an extramarital relationship and it has caused mental or emotional cruelty.

To protect yourself from any potential legal trouble in the future, it is important to make sure that your actions do not cause harm to anyone else. It is important to respect the privacy and dignity of others and avoid any actions that could be considered harassment or emotional abuse.

Advocate Sudershani Ray LawRato

845 votes

Firstly you have to know provision of IPC as

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.

So you have to keep away from her.
For further query contact the lawrato

Advocate Brijendra Singh LawRato

828 votes

first if you are married then it would create more problem for your. Better you give more history of your case so we can reply properly .....

i also want to know whether you both are living in live in relationship or what ??

Advocate Aliasgar Zabuawala LawRato

591 votes

As per indian laws it's illegal to have extra marital affairs.
It's good for you if you come out of such relationship otherwise it may cause serious effect on your relationships with your wife.
Your wife may file divorce application on this ground since it is called bigamy under indian penal code.
It's priama facie advise to you more advise can be provided with more clarity from your side.
Keep away from such relationship.

Advocate Mrugesh Vyas LawRato