An instituation like marriage heavily relies on loyalty , faithfulness and commitment of the partners, if any of the spouse is commiting adultery
Considering your verbal statement there are many options available with you.
1. You can file domestic violence complaint in a Magistrate court.
2. You can also file divorce petition in family or other concerned court for Divorce on thia ground.
3. Meanwhile, you can apply for interim maintenance as well.
However, upon your insistence to send him in Jail, if your Husband is indulged in an Adulterous relations then you can Make a criminal complaint before Magistrate In India, the following are the legal remedies available against a cheating husband are as follows:
For divorce if a husband is found cheating the spouse can file a petition for divorce under the Hindu Marriage Act, 1955 or the Special Marriage Act 1954.(adultery is ground for divorce inder both acts)
For maintainance if the spouse has been financially dependent on husband and is unable to maintain herself she can claim maintainance under the section 125 of CrPC 1973 or the Hindu Adoption and Maintenance Act 1956
It is advisable for the wife to seek legal advice and take appropriate legal remedies in such cases. She can also collect evidence of the husband's infidelity, such as photographs, emails, or messages, to support her case. Though the act of adultery is no longer a criminal offence it is still a ground for divorce in both Hindu and Muslim personal law and therefore, the objective of this article is to legally educate the spouse about the legal remedies that are available to him or her and the availability of legal procedures in India which could be taken against his or her spouse if they commit the offence of adultery.
Even if the offence of adultery is decriminalized under Section 497 of the Indian Penal Code, it constitutes a reasonable ground for divorce, i.e. if either the husband or wife commits adultery, the other person can file for divorce solely based on this reason.
The steps to follow to take legal action against the spouse if he or she commits the act of adultery:
1. Confirm Adultery: Ensure that adultery has occurred, which can be proven through evidence such as the birth of a child after marital separation or an admission by the spouse.
2. Collect Evidence: The aggrieved spouse may hire a private investigator to gather evidence to present in court.
3. Consult a Lawyer: After gathering evidence, the spouse should consult a lawyer to assess legal options and the admissibility of the evidence based on personal law.
4. File for Divorce: If divorce is desired, the spouse should file a petition in court.
- For Mutual Consent Divorce:
1. File for divorce in district court after living separately for at least a year.
2. Submit reasons for the divorce in the petition, indicating mutual agreement.
3. The court will review the case and, after 6 to 18 months, may grant the divorce.
- For Contested Divorce:
1. File a divorce petition in family court.
2. The court will notify the other spouse.
3. Both parties will face court proceedings, and the court will decide on maintenance and a six-month reconsideration period before finalizing the divorce.
5. Maintenance: If the wife commits adultery, she is not entitled to maintenance. However, if the husband commits adultery, he may be required to provide maintenance if the wife is unable to support herself.
