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Wife of friend threatening to file adultery case against me.
28-Aug-2023 (In Criminal Law)
I have a colleague of mine, we were friends, he said he will get divorce and get married with me. In between, we got physical and her wife came to know about it. Now she is threatening to file adultery case or is asking money for it. Can she do it?
U can record her voice n file an extortion criminal case against her.. more options are available . Also should record all conversations so that there can be a defense ready when she files her case
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Adv. Gurmeet Singh
Dehradun | 100+ Answers
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Adultery is a crime under Section 497 IPC, however, if a married man is having an affair with an unmarried woman or a divorcee or a widow, it shall NOT be treated as adultery under this section. Even if a man is having an affair with a married woman, it shall not be treated to be a crime under this section, if the husband of the woman concerned, consents to it or if the affair is carried out with his connivance.
The wife can file a divorce on the ground of adultery and can claim alimony from her husband under section 13 of the Hindu Marriage Act, 1955.
The wife can file a divorce on the ground of adultery and can claim alimony from her husband under section 13 of the Hindu Marriage Act, 1955.
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Dear, adultery as an offence was only made out had you been married. And only a husband will be able to file adultery case against the married woman and the man she's having illicit relationship with. So you don't have to worry about that if you are unmarried. I am assuming you aren't as you didn't specify. She has though other legal means like filing domestic violence against her husband (only and not you) asking for compensation for mental harassment.
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