Extra marital affair
2 years ago
Posting on behalf of my friend
My friend is married and has a kid but her husband is having an extramarital affair and her husband stays with that lady. My friend doesn't want to divorce her husband. She requested many times to end the affair but he doesn't care. She wants to put an end to the extramarital affair of her husband. without involving the police. She needs a bit of advice from legal experts. Awaiting your response. Please help. please share some tips so that her husband himself will end the affair fearing the legal system
Ayantika Mondal @ Prime Legal
Responded 2 years ago
Adultery is no more a crime in India so your husband can't be prosecuted even if you file a police complaint. You can talk to your husband or appoint a mediator and solve this issue.
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India’s top court has ruled that adultery is no longer a crime, declaring that the colonial-era law is unconstitutional and discriminatory against women. You can't force him to stop it but can file for divorce if you wish.
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Lucem Leg
Responded 2 years ago
A.Dear Sir,
If your friend does not want to give divorce to her husband and at the same time his husband is not living with her, then, she has the option of filing a petition under section 9 of HMA in the concerned civil court.