Adulterous wife
Legal Dude
(Querist) 17 January 2013
This query is : Resolved
Hi,
I'm from Delhi and got married last year . Within 6 months of my marriage, I discovered that my wife was in a physical relationship with a school kid. I've gathered the following proofs :
1. Photos of them in compromising position
2. Phone call history
3 chat history
4. Photos of them showing public display of affection (all imprinted with date time stamp)
5. Spy report
My wife is threatening to take action against me if I file for divorce. Could anyone please let me know what are my options?
Anirudh
(Expert) 17 January 2013
Dear Legal Dude,
In terms of Sec. 497 IPC, in a case of 'adultery' the man is punishable and not the wife. Therefore, you have to lodge a complaint with the police against the person who is having physical relationship with your wife. He will be taken to task.
As regards 'divorce', - your wife having voluntary sex with a person other than her husband can be a ground for 'divorce' under Sec. 13(1)(i) of the Hindu Marriage Act. [Pl. note only if your wife was having sex with that person "voluntarily" it will be ground for seeking divorce. In case your wife takes up a defence that the sex was forced upon her by the other person against her Will and that she did not have sex with that person voluntarily, then it will be for you to prove that she was having sex voluntarily and not under any force or threat to her.]
But as per section 14 of the Hindu Marriage Act, you will not be in a position to file a petition for divorce within one year of marriage. In other words, immediately after completion of one year of your marriage you will be able to file a petition for divorce. In the meanwhile, you have necessarily to take action to file a complaint against the person who is having sexual relationship with your wife.
Devajyoti Barman
(Expert) 17 January 2013
The evidence are enough to file a suit for divorce on the ground of cruelty.
Do first to file such suit ans any case filed by your wife thereafter may be termed as counterblast.
If your marriage has one year then no problem , else you have to file a separate petition praying for leave to file suit prior to one year. The suit would be registered anyway which should be your priority.
ajay sethi
(Expert) 17 January 2013
file for divorce after expiry of one year from date of marriage
R.K Nanda
(Expert) 17 January 2013
agree with experts.
sibasish pattanayak
(Expert) 20 January 2013
Dear Legal Dude.
as per your information , you must have file a criminal case against your wife and that boy u/s, 497/114/34 of ipc. then you go for another case in civil forum.
regards, sibasish pattanayak, ADVOCATE.
sibasish -adv@yahoo.co.in
