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Extra maratial affaire and divorce
09-Jun-2025 (In Divorce Law)
My wife caught me with gf me and my wife settled it on stamp on 9 lakh rs for divorce 15 march first installment payment date I can not manage so I paid 1.5 lakh remaining 3 lakh i managed but she is not coming to court for filling divorce case and she is threating to me and my family and also that girl for FIR .
CAN SHE FILE CASE AGAINST THAT GIRL?
Adultery is not a crime in India, so your wife cannot file an FIR against your girlfriend. Divorce requires court filing and both parties’ consent. If she threatens you or your family, file a police complaint.
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Adv. Mrunmayi Kotawadekar
Mumbai | 100+ Answers
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She cannot file FIR against your girl friend. She may file cases against you and may implicate your family members in a false domestic violence case of 498A ipc , changed as section 85 of BNS. You may contest cases . You may also file divorce case against hwr
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Adv. Mohd Atik Iqbal
Akola | 900+ Answers
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In the given scenario your wife can file a petition for divorce as adultery is one of the grounds for divorce. The section of Adultery has been deleted in Bhartiya Nyaya Sanhita (BNS) Act hence no criminal complaint can be filed against you or against your girlfriend. however your wife can file complaint under for cruelty and also under the Domestic Violence Act. Your wife can make your girlfriend as a party to the divorce petition if the same is filed on the ground of adultery.
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Adv. Neelkanth Goswami
Thane | 400+ Answers
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you should consult with an advocate with all details and in person
you should consult with an advocate with all details and in person
you should consult with an advocate with all details and in person
you should consult with an advocate with all details and in person
you should consult with an advocate with all details and in person
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Adv. Santosh S. Gaikwad
Navi Mumbai | 100+ Answers
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Yes, your wife may attempt to file a case against the other woman, but the legal scope is limited. Indian law does not punish adultery as a criminal offence after the Supreme Court judgment in Joseph Shine vs. Union of India (2018), which decriminalized adultery. Therefore, your girlfriend cannot be prosecuted under Section 497 IPC.
However, your wife may still try to:
File a police complaint under IPC Sections 498A or 506 for cruelty or criminal intimidation, but such sections apply only to the husband and his relatives—not the girlfriend.
Make false allegations or harassment claims to pressure or defame the girlfriend. In such a case, your girlfriend can file for anticipatory bail or quashing of FIR, if needed.
Refuse to proceed with mutual divorce and use legal threats for leverage. Mutual divorce requires consent of both parties at both stages, so unless she agrees, the process cannot continue.
Advice: Document her threats and try to resolve amicably. If harassment continues, you and your girlfriend can seek legal protection and anticipatory bail if required. Consult a me for immediate steps.
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Adv. Kiran Ashok Gangurde
Navi Mumbai | 100+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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