Adultery by wife

Since adultery is not an offence and the same could be used as a ground for divorce.  Under the Hindu Marriage Act, Section 13(1)(i) makes adultery a grounds for divorce. The Husband can file a petition before the District Court for a decree of divorce. Under the Special Marriage Act, Section 27(1)(a) is a ground for divorce based on adultery.

Ma'am but I would like to take a legal action against the wife and her boyfriend. Please suggest. 

No case is made out against either of them.

Ok Sir. But is there any way i can file any case against them. Now my wife is also asking for alimony and streedhan inspite of taking all the jewellery. I have the hospital records of the nursing home where the illegitimate child got aborted. I thought of defamation as this has actually defamed me. Anyways thanks for your support.

You can take action by the filing of divorce petition but her boyfriend.

No defamation case is maintainable. 

No case for recovery is maintainable 

No action against company is maintainable 

You can file a contested divorce case on the grounds of cruelty due to her acts of mental cruelty citing her acts of cruelty as reason 

You can file divorce case on the ground of cruelty upon you 

As you said that you have proof of her illegal pregnancy and abortion then you can report it to Police and go for FIR u/s 312 IPC against her and her boyfriend  .

Thank you sir. The abortion was done with my wife's consent, can i still file an FIR against them under IPC 312. 

I do not think that any criminal case can be made against her or her boy-friend for the abortions. You can claim divorce without any compensation like alimony. It is the Supreme Court that decriminalised adultery and not by any act of parliament.

Yes still after consent of your wife , she and her boyfriend booked u/s 312 ipc .

Once upon a time abortion was illegal, almost equal to murder. Under Christianity abortion is illegal though many Christian countries have leglised abortion. In Ireland an Indian woman was refused abortion even when her life was in danger and she died. When Indira Gandhi was Prime Minister, abortion was legalised as a measure of family planning.

Section 312 can also be considered as outmoded similar to Section 497 though for a slightly different reason. In many Western countries abortion is considered as a right of a woman over her own body. If the case goes to higher court, particularly the Supreme Court and the defence lawyer argues well, it is likely the accused may be acquitted. Anyway Section 312 is a fit case for a review by the Supreme Court. I am expressing here no opinion on the complainant's case. I only say that Section 312 needs a review particularly with regard to the punishment. Later laws can be considered to derogate Section 312.

Respected Dr. MPS RAMANI Ph.D,

I understand Sir but decriminalsing section 497 are leading to such cases similar as mine. Smilarly , such stances looks great when some else is suffering. After reading your hon'ble views on such issues I can also site many examples where families are destroyed due to no punishment or legal deterance. Fortunately, i did not need bollywood to tell me how bad few laws are. 

I appreciate your predicament and I have all my sympathys with you. Your situation is really painful. But what I stated was only the position under the law. As a very old person what I can advise you is that you divorce the woman, forget the whole thing and start a new life. She is young now and she does not think about her own future. But she, like everyone else, will get old and it will be too late by then for her.

Thank you for the sympathy sir. I appreciate that but the question was asked for a legal recourse which should be taken as the forum is for legal solutions. Also sir I have a lot television subscripttions of channels which really give nice life advises. Please excuse it here atleast on this forum.