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Thread: Legal advice on adultry

  1. #1

    Default Legal advice on adultry

    I find your answers very useful so i have also a query and expects that u will reply soon.
    I have filed a divorce case against my husband as i was in an abusive relationship.Now case is going of my colleagues came closer to me,as i am also in depression so i felt happy spending time with him.We got intimate one evening and had sex.But now i feel guity...Now these relation of mine would have any adverse effect on my case???
    Could my husband prove adultery agaist me as my husband and me live in delhi only.I am really tensed what should i do?????????When i was married i only had my husband in my life..i was that kind.SO PLEASEEE HELPP MEEE.I need you maam.

  2. #2
    Moderator Lieutenant General Preeto Maam's Avatar
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    See, I don't think you should worry too much about this, OK? First of all, why would your husband know about this? You, I assume are now living separately. The adultry charge, actually can be levied against the man, not really against the woman. But its sensible that you are careful because, you don't want to drag this man into the whole divorce mess.

    Its OK to be friends but do be careful that you are not seen together at odd hours, or in compromising position. if nothing else, it will give your husband a handle to smear your character. Wait till the divorce is over before you are free to behave the way you want to.

  3. #3
    New Born dfinch's Avatar
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    U have mentally abandoned ur husband, and is looking for a divorce.
    So u are only technically wife/husband.. so no need to wrorry about it too much. But would be wise to avoid any such stuff till u obtain ur divorce

  4. #4
    New Born magdalane's Avatar
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    Legally u are still wedded.. so in a way it can be said as adultery

  5. #5
    New Born
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    There is nothing wrong with what you did. Its natural. You have a whole life ahead of you, its your choice.

    But yes your husband can pull this into the divorce case, but it may not stand much as it happened after the divorce proceedings started. But it will surely get some speed breakers in the case.

    Best is to make sure your husband doesnt know about this.

  6. #6
    SB Addict phoenix bird's Avatar
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    Hey Dear Not to worry, What Preeto Mam told you is correct, but I am gonna explain you in more words which will clarify your all doubts.

    In Indian law, adultery is defined as sex between a man and a woman without the consent of the woman's husband. The man is prosecutable and can be sentenced for up to five years (even if he himself was unmarried) whereas the married woman cannot be penalized. Men have called the law gender discrimination in that women cannot be prosecuted for adultery and the National Commission of Women has criticized the British era law of being anti-feminist as it treats women as the property of their husbands and has consequentially recommended deletion of the law or reducing it to a civil offense.

    The Government is yet to act. Extramarital sex without the consent of one's partner can be a valid grounds for monetary penalty on government employees, as ruled by the Central Administrative Tribunal.

    So right now and until government is not changing this law, you because of being woman, you are completely safe in your case.


  7. #7
    SB MahaGuru Colonel
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    very strange querry

  8. #8
    ^^ Oxymoron ^^ Captain Anioba's Avatar
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    I would assume that u don't stay with ur husband at present....
    As a doctor, if u have had sex with ur husband in the past, ur genitals will be in no way different now, after having sex with anybody else....So i can't prove anything unless i do a semen sample from ur vaginal swab....which i'm sure is not the case here.. last trustworthy is this colleague of yours, if he's the kind that tells on you all around, its bad news. If u trust him there's no reason to fear.
    Even If ur husband n u hav initiated divorce proceedings, ur married life is stil not annulled by the court, So in the meanwhile, i would advise that u shold temporarily avoid such flings until the divorce comes thru...
    Lastly, kudos, to ur courage....never give in to domestic violence!!

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