Extra marital affair Extra marital affair

3 months ago

My husband has an extra marital affair with his colleague. When I confronted he started blaming me of having an affair with her husband and that I am sleeping with him. The same he sent me over messages too. On the other side she is also doing the same thing with her husband for which audio recording is available. Can I file a police complaint against both for my character defamation

Legal Counsel Vidhikarya

Responded 3 months ago

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A.Dear Client,
Filing a police complaint or initiating a defamation suit against a person on the grounds of extramarital affairs or adultery would yield no desired relief since extramarital affairs or adultery is no longer a crime after the order passed by the Supreme Court in 2018 decriminalizing the act of adultery or extramarital affairs. However, the Hindu Marriage Act under Section 13(1)(i) and the Special Marriage Act under Section 27(1)(a) have mentioned in a very precise manner, that any marriage may be dissolved by a decree of divorce on the filing of a petition by you on the ground that your husband has after the solemnization of the marriage had voluntary sexual intercourse with any person other than you. Any relief sought by you(petitioner) in a proceeding of divorce or judicial separation may be opposed by your husband (respondent) on the grounds of adultery committed by him, You may counterclaim for any relief under the Act (HMA or SMA, as applicable) on such ground; and if his adultery is proved, the court may give you any relief under the Act to which you would have been entitled if you had presented a petition seeking such relief. Reach out to an expert Lawyer handling matrimonial matters for guidance and steps to resolve the crisis in the right way.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 3 months ago

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A.Dear Client,
Filing a police complaint or initiating a defamation suit against a person on the grounds of extramarital affairs or adultery would yield no desired relief since extramarital affairs or adultery is no longer a crime after the order passed by the Supreme Court in 2018 decriminalizing the act of adultery or extramarital affairs. However, the Hindu Marriage Act under Section 13(1)(i) and the Special Marriage Act under Section 27(1)(a) have mentioned in a very precise manner, that any marriage may be dissolved by a decree of divorce on the filing of a petition by you on the ground that your husband has after the solemnization of the marriage had voluntary sexual intercourse with any person other than you. Any relief sought by you(petitioner) in a proceeding of divorce or judicial separation may be opposed by your husband (respondent) on the grounds of adultery committed by him, You may counterclaim for any relief under the Act (HMA or SMA, as applicable) on such ground; and if his adultery is proved, the court may give you any relief under the Act to which you would have been entitled if you had presented a petition seeking such relief. Reach out to an expert Lawyer handling matrimonial matters for guidance and steps to resolve the crisis in the right way.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 3 months ago

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A.Dear Client,
Filing a police complaint or initiating a defamation suit against a person on the grounds of extramarital affairs or adultery would yield no desired relief since extramarital affairs or adultery is no longer a crime after the order passed by the Supreme Court in 2018 decriminalizing the act of adultery or extramarital affairs. However, the Hindu Marriage Act under Section 13(1)(i) and the Special Marriage Act under Section 27(1)(a) have mentioned in a very precise manner, that any marriage may be dissolved by a decree of divorce on the filing of a petition by you on the ground that your husband has after the solemnization of the marriage had voluntary sexual intercourse with any person other than you. Any relief sought by you(petitioner) in a proceeding of divorce or judicial separation may be opposed by your husband (respondent) on the grounds of adultery committed by him, You may counterclaim for any relief under the Act (HMA or SMA, as applicable) on such ground; and if his adultery is proved, the court may give you any relief under the Act to which you would have been entitled if you had presented a petition seeking such relief. Reach out to an expert Lawyer handling matrimonial matters for guidance and steps to resolve the crisis in the right way.
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 3 months ago

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A.Dear Client,
Article 19(1)(a) of the Constitution, the right to reputation is also considered to be an inextricable part of the right to life protected by Article 21 and balancing these two rights is a constitutional necessity. Also, under section 499 of IPC you can file a complaint for defamation but for the same you have to prove the defamation done.
Thankyou
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