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File complaint against extra marital


07-Aug-2023 (In Divorce Law)
Can I file a complaint against a man who had an extra marital affair with my wife? That man is also married and had clear knowledge that he was having an affair with a married woman.
Answers (6)

Answer #1
315 votes

You cannot file a criminal case or an FIR for an extramarital affair in India, as the Supreme Court decriminalized adultery in 2018 by striking down Section 497 of the Indian Penal Code. A consensual extramarital relationship is no longer a criminal offense; however, it remains a valid ground for divorce or judicial separation under personal laws like the Hindu Marriage Act, as it is considered a form of mental cruelty. While not punishable as a crime, adultery can have serious legal implications in divorce proceedings, including decisions regarding child custody, alimony, or other matrimonial remedies.

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Advocate Chikirsha Mohanty

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Answer #2
530 votes
Since adultery is not an offence after the Supreme Court's 2018 ruling, having extra-marital affairs is not per se punishable. However, the same could be used as a ground of divorce. So rather complaining it's advisable stretching your relationship you can always apply for divorce under cruelty grounds. For more legal assistance I am just a call away.
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Advocate Jitender Singh

Adv. Jitender Singh

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Answer #3
902 votes
Dear client Adultery has been stricken down and is no longer and offence. Though adultery can be used as a ground to petition the court to grant a divorce. Feel free to get in touch to discuss further
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Advocate Abhinav Sharma

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Answer #4
996 votes
Dear Client, Adultery is not a crime anymore, so you cannot file a complaint about that, but you can file a police complaint against them under criminal conspiracy, that at the instance of him your wife is torturing you, for money and threatening you to trap you in false cases. Hope this helped you
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Advocate Mohit Rajput

Adv. Mohit Rajput

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Answer #5
678 votes
Adultery is no longer a criminal offense in India. You can still file police complaint against the man to prevent him from contacting your wife again. However, adultery continues to be a ground for obtaining divorce. should you have any queries feel free to contact me
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Advocate Kunal Seth

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Answer #6
576 votes
As such adultry is not an offence but only a ground for divorce ! You can still hire an expert advocate to explore other options in this regard ! Police complaint can only b initiated on different grounds ! B in touch to understand the legalities! Thanks
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Advocate D. Khan

Adv. D. Khan

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