Adultery in Mutual Divorce

5 years ago

I have started a relationship with another woman after my mutual divorce case was filed in court. I want to know does this account to adultery?
My ex wife and I are in a hurry to get over with the divorce. She has signed a legal document regarding the alimony. If she or her family get to know about this relationship, are there chances they might ask for more money?
Also if she and I agree with everything, is there any way the divorce can get delayed?
Both of us want to be done with the divorce as soon as possible.

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Deepak Yashwantrao Bade

Responded 5 years ago

A.Dear client kindly contact with vidhikarya lawyers for better discussion.

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ROBERT D ROZARIO

Responded 5 years ago

A.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.

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Ambrose Leo

Responded 5 years ago

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

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Vishwabandhu

Responded 5 years ago

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

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Rajender Prasad

Responded 5 years ago

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

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Kishan Dutt Kalaskar

Responded 5 years ago

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

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Kalyanraopeddireddi PEDDIREDDI

Responded 5 years ago

A.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.

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Manjula Shanmugasundaram

Responded 5 years ago

A.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.

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Siddharth Singh

Responded 5 years ago

A.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.

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