Adultry issues with husband in uae. both indian

You can send a legal notice  on adultery ground and demand  for you & your children maintenance 

Cheating means sharing affection, both emotional and s*xual, with someone else other than your wife and without her consent. It depends on the circumstances. However, this general definition is not the same as the definition of cheating under Section 415 of the Indian Penal Code, 1860 (IPC). In a case where the husband is cheating on his wife with another woman, he requests the wife to hand over her jewellery which he will use to pay his debts. But instead gives the jewellery to the woman with whom he had an illicit affair. This would amount to cheating under Section 415. Hence, this Section will not have its application in matrimonial cases.

• Call records, emails, and texts could prove against cheating. But this should not be done at the cost of interfering with someone’s privacy. 
• Photographs. 
• Property papers. 
• Bank transactions, if both spouses have a joint account.
• Witnesses, if any.

You cannot sue your husband for adultery. Adultery can be considered as the aggravated form of cheating wherein the male spouse engages in s*xual intercourse with a woman who he knows to be the wife of someone else. Currently, adultery is not a crime in India. It was defined in Section 497 of the IPC as:

“Whoever has s*xual 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 s*xual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either descripttion for a term which may extend to five years, or with fine, or with both. In such a case, the wife shall not be punishable as an abettor”.

Section 497 which penalised adultery has been held unconstitutional in Joseph Shine v. Union of India (2018) by the Supreme Court because:

• Only the male was held liable. 
• The woman had complete immunity.  
• The provision is gender-biased. 
• It did not punish the husband indulging in an extramarital affair with an unmarried woman. 

Hence, with or without the provision, the effective use of this provision would be limited. 

If you think that the marital discord can still be solved but your husband is not willing to do so, you can file a petition for restitution of conjugal rights. This is a way through which the courts order the couples to cohabit together. 

Regards,

Anaita Vas

Originally posted by : Anaita Vas

Cheating means sharing affection, both emotional and s*xual, with someone else other than your wife and without her consent. It depends on the circumstances. However, this general definition is not the same as the definition of cheating under Section 415 of the Indian Penal Code, 1860 (IPC). In a case where the husband is cheating on his wife with another woman, he requests the wife to hand over her jewellery which he will use to pay his debts. But instead gives the jewellery to the woman with whom he had an illicit affair. This would amount to cheating under Section 415. Hence, this Section will not have its application in matrimonial cases.Call records, emails, and texts could prove against cheating. But this should not be done at the cost of interfering with someone’s privacy. Photographs. Property papers. Bank transactions, if both spouses have a joint account.Witnesses, if any.You cannot sue your husband for adultery. Adultery can be considered as the aggravated form of cheating wherein the male spouse engages in s*xual intercourse with a woman who he knows to be the wife of someone else. Currently, adultery is not a crime in India. It was defined in Section 497 of the IPC as:“Whoever has s*xual 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 s*xual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either descriptttion for a term which may extend to five years, or with fine, or with both. In such a case, the wife shall not be punishable as an abettor”.Section 497 which penalised adultery has been held unconstitutional in Joseph Shine v. Union of India (2018) by the Supreme Court because:Only the male was held liable. The woman had complete immunity.  The provision is gender-biased. It did not punish the husband indulging in an extramarital affair with an unmarried woman. Hence, with or without the provision, the effective use of this provision would be limited. If you think that the marital discord can still be solved but your husband is not willing to do so, you can file a petition for restitution of conjugal rights. This is a way through which the courts order the couples to cohabit together.  Regards,Anaita Vas

Adultery, as stated, is a grond for seeking divorce. Once you secure divorce, the husband is required to provide you alimony and provide maintainance to the children. The moot question is, whether you can institute the proceedigs there. You need to consult legal counsel there,

If course, you can file divorce proceeding in India. However, it is bound to be rather cumbersome as your husband and his family, as seen from the facts posted, are residing in UAE.