Adultery in Mutual Divorce

Dear client kindly contact with vidhikarya lawyers for better discussion.

No, Not adultery but if you get married during the pendency of the MCD case, it amounts to bigamy which attracts penal provision under the law. (refer to section 494 IPC) Having a casual sexual relationship does not amount to an offence under the law unless the other woman brings an allegation u/s 376/419 IPC.

The provision of adultery is a privilege bestowed only to husband to bring a criminal proceeding u/s 497 IPC against the man having sexual relationship with his wife. Wife cannot bring this allegation of adultery against her husband under this provision.

Now coming to your situation, if settlement deed/MOU has been executed then there's no fear unless your wife refuses to appear in the second motion making MCD infructuous, which will ultimately lead to contested divorce. But since both of you are in a hurry to dissolve the marriage by this MCD, then what is there raise the doubts.

You have to contact Vidhikarya panel Professional Family matter lawyer to take up the issue on all aspects quickly.

Have u told the other lady that court has not granted divorce yet?

get your problem soved through an advocate& contact the vidhikarya.com

Dear Sir,
Yes, until legal mutual divorce is accepted, you previous marriage will be subsisting. Please later relationship in secret or just deny it.

Mr Husband cant you wait and have patience till to get mutual divorce and curiously gone for a relationship with another woman which is adultery which may not be tolerated by your wife. Definitely there are chances your wife having signed legal document for divorce has reason for delaying the process and she may also ask for more money? So you are responsible for delaying mutual divorce by involving in Adultery. Better you contact any good lawyer to help and support you for getting you relieved from adultery and to get mutual consent divorce with reasonable alimony.

Sir, As long as you and your wife are really interested to get over with the divorce as fast as possible and you agree on everything, the divorce will be over in six months. But if something comes over your wife or you, and either she or you decides to delay it, then it is always open to either of you to be present at the hearing and say "I don't want the divorce, give me further time". This is irrespective of your new relationship.
On the criminal side, your relationship with another persons does not become adultery unless that new person is herself a married woman.
For the purposes of divorce, yes, but the problem will arise only if your wife gets second thoughts at the time of hearing and wants to delay the proceedings.

Yes it will amount to adultry as you are still husband and wife till court dissolve your marriage. Yes she can ask for more alimony from you and she can take more time to give her consent and delay the divorce.