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Extra maratial affaire and divorce


09-Jun-2025 (In Divorce Law)
My extra maratial affaire is caught by wife now she is threating me and my family to sue case of 420 498 I paid her 1.5 lakh. We deal the 9 lakh rs. Before divorce 4.5 lakh and after divorce remaining 4.5. I paid her 1.5 lakh and told her to come to court and sign doc of divorce and I pay you 3 lakh remaining amount of first installment on stamp we date 15 march for first installment but I could not manage i managar only 1.5 lakh she is not comming to court for filling divorce. She can file FIR?
Answers (5)

Answer #1
725 votes
Under Indian law, Sections 420 (cheating) and 498A (cruelty by husband) are serious offences. If your wife feels deceived or harassed, she may lodge an FIR. However, if the payment arrangement and divorce deal were mutually agreed upon and partly executed (₹1.5 lakh paid), and if non-payment was due to financial difficulty without fraudulent intent, it may not amount to cheating under Section 420 IPC. Still, your extra-marital affair and non-fulfilment of promised terms may give her ground to initiate legal action. It's advisable to approach the Family Court to proceed with mutual consent divorce or respond legally if an FIR is filed. All future payments and agreements must be documented clearly to avoid criminal allegations.
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Advocate Mrunmayi Kotawadekar

Adv. Mrunmayi Kotawadekar

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Answer #2
697 votes
Yes she can file an FIR , better you arange what ever commitment you have done to your wife and move out of this legal battle smoothly otherwise everything will be disturbed and DAV’s ting for yourself and your family .
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Advocate Deepak Tiwari

Adv. Deepak Tiwari

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Answer #3
763 votes
Well, you need not worry! At the max, your Wife can seek Divorce from you on the ground of you committing Adultery outside Marriage, but, she cannot file a Criminal Case upon you for committing such Adultery, as Adultery is no more a punishable offence in India!
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Advocate Pankaj Bajaj

Adv. Pankaj Bajaj

LawRatoMumbai | 1000+ Answers
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Answer #4
726 votes
Dear client based on your query, the enforceability of informal financial arrangements during divorce proceedings may require formal validation to avoid unintended legal consequences, also to ease the matter we can help you regard the process and in legal ways for which you can connect with us.
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Advocate Kalpana Sanap

Adv. Kalpana Sanap

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Answer #5
670 votes
Yes she can proceed to file FIR and claim that payment received was under the disguise of maintenance and not for settling the case….so its better to approach this case strategically rather than simply offering money … the same can be done in other ways where you might get time to pay and can also convince her on your terms
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Advocate Siddhant Induprakash Rai

Adv. Siddhant Induprakash Rai

LawRatoThane | 25+ Answers
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