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Should I divorce my husband on my boyfriend’s instigation?

Shivendra Pratap Singh


High Court Lucknow

Criminal Law

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My boyfriend instigates me to divorce my husband. Therefore, I left my husband’s house at the instigation of my boyfriend. He told me to leave the house of the husband and remarry with him. Thereafter, I willingly left the husband’s house with the self-declaration at the police station that I left it with my free will. The Woman willfully left her husband’s house and decided to stay at a relative’s house and later wants to remarry after filing a divorce. Can the husband of the woman file a case against her lover after she left her husband’s house?

Question from: Tripura

Your boyfriend has enticed you to leave the matrimonial home and marry him after taking a divorce. When you take divorce from the court then you’ll be free to marry with your consent and free will. The nature and status of marital relationship come to an end after the granting of the divorce decree. Then your husband cannot take any action against you and your boyfriend. 

Until the divorce you are the legally married wife and your husband is your legal guardian. The law presumes that you have been living in the custody of your husband. It does not matter that you have been living separately from your husband. Mere planning to marry after taking divorce through legal channels does not constitute any offence. 

When you contact your boyfriend or be in any relationship with him then your husband can lodge an FIR against your boyfriend, under section 498 of the Indian Penal Code. Taking away or enticing a married woman for an illicit relationship is an offence under section 498 IPC. However, you are also involved in this crime but the criminal proceeding will be initiated against your boyfriend only. He is the real culprit of the offence punishable under section 498 IPC.

What should you do?

You should not rely on your boyfriend and don’t indulge in his conspiracy. He has the criminal intention, resultantly his act will ruin two families, their dreams and aspirations. You are at the verge where your decision may save or destroy your life. So think about your life and you should keep faith in your husband and this pious nuptial knot. 

Marriage is not only a relationship, if your husband is honest, loving and caring then he’ll give you more happiness than your boyfriend. Don’t ruin your present for an uncertain and indeterminate future. Don’t let your boyfriend play your life like chessmen. Why do you believe in a person having such a criminal and nefarious intention?

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shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate (Lucknow)

I offer legal advice and representation in various fields of law, such as Criminal, Civil, Writ, Matrimonial, Service matters, Property, Revenue and SARFAESI related cases. I have experience in handling complex and challenging cases with diligence and professionalism.

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