Legal Question in Family Law in India
Fear of filing of adultery case as response to filing for divorce
I am living with a woman who is married, but has been living separated from her husband for over 10 years (substantial written evidence exists). She has not had any direct contact with the husband for several years. I have been living with her for more than five years.
We have never been secretive about our relationship and have also come to know (more than a year ago) that her husband is aware of the relationship. Our relationship is publicly known in our hometown. A couple years back, the husband physically attacked her and the matter went to court where it was finally dropped.
She has two kids who are in their late teens and have, by their own choice, very limited and erratic contact to the father. They have been living continuously with the mother ever since the separation. The husband has not paid either maintenance or support for the kids; all the kids expenses are shared by me and the mother.
Now she wants to file for divorce on grounds of living separated for more than 10 years. We are worried that, as a response, the husband might file a criminal case under section 497ipc against me.
We are just interested in the divorce and there are no financial or property issues in question - we are not interested in any money from the husband.
My questions are:
1. Does the husband stand a realistic chance to file a case against me, as reaction to her filing for divorce?
2. If a case is really filed before a court, what kind of sentence are typical for a situation like this. Are cases like this typically met with a fine or is there a realistic danger of a jail sentence. In case of a fine, could I just pay it and continue with the relationship in the normal fashion until the divorce is granted?
3. Are there any precautions/preparations that we should take before filing for the divorce?
Thank you for your advice
2 Answers from Attorneys
the lady may ask her husband for consent divorce.
For your queries you may approach a local lawyer with full facts of the case.
1. The man is entitled to seek your prosecution since you know that the lady you are living with is his wife;
2. Sentence will be decided by courts.
3. Filing of divorce is not relevant to the issue of adultry.
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