1. sandeep
  2. Divorce & 498a IPC
  3. Tuesday, October 10 2017, 03:28 PM
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We are married under Hindu law for 18 years and about 3 months back, my husband told me that he needed a divorce from me and that he is having an affair outside of our marriage. we have 2 sons aged 9 and 14. He is involved with his colleague and has told me that clearly.
I do not want to divorce him as that would ruin my life as well as that of our kids.
I want to ask is :
1. Is there any provision of law that can be leveled against my husband for adultery
2. If I deny him divorce, is there any loophole he can use to get a divorce forcefully.
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Arvind Singh Accepted Answer
According to IPC adultery means "whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. In such case, the wife shall not be punishable as an abettor."
Thus until and unless the women with whom he is having affair is married it can't be termed as Adultery.

And regarding your second query, the only way he can get the divorce is by proving any of the element been mentioned under s.13 of Hindu Marriage Act.

Hopefully, this information might be of some help, for any other legal query you can visit/contact us.
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