Divorce due to adultery

ection-497- Adultery “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 case, the wife shall not be punishable as an abettor.”

Request a petition for fault divorce from the clerk of the court in the county where you reside. Fill out the petition for divorce form. Clearly state that you seek a default divorce because your spouse committed adultery. Due to the complexity of fault-based divorce laws and procedures, consider hiring a lawyer to represent you. 

Dear Querist

My opinion on your queries are as Under:

 

To add further to the replies of the above experts,why do U want to punish the other man,instead of UR wife,if UR allegation is true?

Why should he go scot free?

First try to get rid of UR warring wife by filing for divorce(SHE WILL NOT OPT FOR MCD),try to prove her adultery with valid evidences.After that U can punish the Adulterer.

I have few audio clips of the actual act. Will that be sufficent to prove adultery? If divorce is granted, what happens to the children? Will I be liable to pay alimony?

is your wife admitting that she is committing adultery in the audio clip..if thats so then it might have some weightage or else you need to show other proofs like mails or sms exchanged between them which might create doubt about their relationship and also you might be needed to show proof that they both stayed together in some hotel or a room for a considerable amount of time.

if you can prove adultery then your wife is not entitled for maintenance but you need to provide for your child

you can claim child custody if both the children are above five years

You can  lodge a complaint with the local police for the offences of adultery against that man and your wife.  That man will be remanded if FIR registered and  then you can keep track of the criminal case through assistant public prosecutor. If you would like to file divorce on the grounds of adultery, you may have to implead the adulterer as a 2nd respondent.  The divorce case may run for three years or more too.  The fee will depend on the advocate you propose to engage.  It differs from one another.

"Honey, we need to talk", is the phrase I hear in western world, when break-up is offing.  Prolonged physical separation in two different continents between the really loving couple  with two cute children, and rare encounters with the legally wedded partner may force one of the partners to step out of matrimonial bond to satiate the physical needs.  Can it be called perfidy, betrayal and adultery?  That totally depends upon you.  Forgetting and forgiving the past and finding a way that you both can live together in future either in England or India, is one solution.  If not, the other solution is to file a divorce case on the ground of adultery and cruelty and what not... citing on innumerable real and cooked up instances, so that you can get divorce.  Make the adulterer also a second party in the divorce, so that your wife will lose a lot of steam to contest the case with full vigour when husband puts such allegations.  For this, in divorce case, four to five times you shall come to India and on other dates, your advocate will take care of things.  Case will run for about 3 to 4 years. Difficult to prove adultery, but the allegation itself will numb the opposite party and saps her energy to contest it.  After divorce is granted or during the pendency of the case, you are required to pay maintenance for your children, if she intends to file appropriate application in this regard.  Next coming to the important question, that whether you should let off the adulterer man  or you should take some criminal action.  In the case of adultery, actually police will not take action and for that at the first instance, you have to file a private criminal complaint and there regularly you have to appear in court and also appear on several occasions during the trial.  In India, not just the accused even the complainant faces harassment of attending the trial equally.   Further, the fact of adultery has to be proved beyond reasonable doubt and with the evidence available to you, the case will not give the result what you want.  Use his adultery to get divorce. So, drop the idea of filing criminal complaint.

(LAST REPLY) 

You decide what you want?? To punish the guy, to devorce your wife or to punish your wife????

 

Adultery does not amount any punishment to the woman, the guy having illicit relationship with your wife would only be prosecuted. Adultery is a ground for divorce without any alimony. Choice is yours. Do consult with a local advvocate to initiate proceeding. He can give you right piece of advice after evaluating the evidences you have.

Rightly concluded by MR.DASH

1. what is the best thing for me to do?

you should settle the matter amicaly . if you it is not possible you may file suit under hinu marriage and divorce act . 

2. How do i punish the guilty man . Whom i know ?

you may file criminal case against the person whom you know under section 497 of IPC .

3. I f i want a divoce how long it will take ?

i think it will take time 2ana 1/2 year