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

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?

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?

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?

Shivendra Pratap Singh

Shivendra Pratap Singh

Advocate

Advocate Shivendra, practicing law since 2005, specializes in criminal and matrimonial cases, extensive litigatin experience before the High Court, Sessions court & Family Court. He established kanoonirai.com in 2014 to provide dependable and pragmatic legal support. Over the years, he has successfully assisted thousands of clients, making the platform a trusted resource for criminal and matrimonial dispute resolution in India.

Related Matters

Husband is demanding DNA test to check the paternity of our son in divorce case

The law does not permit a husband to compel his wife or child to undergo a DNA test merely on the basis of suspicion. In Gautam Kundu v. State of West Bengal (1993) 3 SCC 418, the Supreme Court held that a blood or DNA test cannot be directed as a matter of course. Before seeking such a direction, the husband must establish a strong prima facie case by proving that he had no access to his wife during the period when the child could have been conceived.

क्या चेक बाउंस का केस मियाद समाप्त होने के बाद भी दाखिल हो सकता है

Negotiable Instruments Act के अंतर्गत, वैधानिक अवधि समाप्त होने के बाद भी चेक बाउंस का मामला दायर किया जा सकता है। यदि शिकायतकर्ता देरी का उचित कारण प्रस्तुत करता है, तो न्यायालय विलंब को क्षमा कर शिकायत स्वीकार कर सकता है। नोटिस के बाद निर्धारित समय में भुगतान न होने पर कार्यवाही प्रारंभ की जा सकती है।

Cancellation of bail when accused tempering with witness

Seeking the cancellation of bail is possible when an accused person tampers with witnesses or influences a trial. This guide explains legal grounds for such actions, focusing on mandatory procedures under Section 15-A of the SC/ST Act and post-bail threats. Learn how victims can approach higher courts to ensure a fair trial and protect their rights.

Evidence of interested witness is admissible in criminal proceedings

In criminal law, the testimony of a related witness cannot be discarded solely due to their relationship with the victim. This legal overview clarifies the distinction between related and interested witnesses, citing key Supreme Court rulings. It explains how natural witnesses provide admissible evidence that reliably forms the basis for a conviction, even without independent corroboration.

SDM cannot attach property under section 146 crpc when civil suit is pending

A Sub-Divisional Magistrate cannot legally attach property under Section 146 of the CrPC if a civil suit regarding the same property is already pending. This guide explains why such orders lack jurisdiction and outlines the proper legal remedy, including filing a petition under Section 482 CrPC to the High Court based on established Supreme Court precedents.