Nandha (NIL) 21 September 2017

Extra marital affair - legal action

Dear experts,

Need your advice / clarification.

Husband and wife, though live under the same roof, do not have cordial relationship since 5 years. They stick together just for the sake of their only son.

Meanwhile husband develops an affair with a married woman and evidences are in the hands of the wife (msgs and pics).

What action can be taken by the wife on her husband other than seeking Divorce?

In case, wife seeks legal action as a revenge, and is not ready to stay in the matrimonial home, can husband seek divoirce as wife has decided to separate?

Can husband be imprisoned in this adultery case?

Thanks

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8 Replies

SUNIL KUMAR (apprentice) 22 September 2017

Adultery case can be registered by the lady's husband whom with your husband is having affair as per Indian Law More over you can file case for divorce on the ground of cruelty

Vijay Raj Mahajan (Advocate) 22 September 2017

No question of arrest or criminal prosecution against the husband for his adulterous relationships. As far divorce is concerned the parties should agree for divorce by mutual consent after settling all issues of alimony, child custody, if any, and common property, if any.

Adv Radhika Mehta (Advocate) 22 September 2017

Originally posted by : Nandha

Dear experts,

Need your advice / clarification.

Husband and wife, though live under the same roof, do not have cordial relationship since 5 years. They stick together just for the sake of their only son.

Meanwhile husband develops an affair with a married woman and evidences are in the hands of the wife (msgs and pics).

What action can be taken by the wife on her husband other than seeking Divorce?

What exactly is it that the wife wants? She can use all the proof to convince the husband to agree to an MCD and get a good settlement out of him. This is the right and best course of action. I would not suggest moving out of the house.

In case, wife seeks legal action as a revenge, and is not ready to stay in the matrimonial home, can husband seek divoirce as wife has decided to separate?

The husband can file for Divorce on the ground of cruelty and desertion, after two years, but he will have to prove his case. At that point of time, if the wife confronts will all the evidence and prove that she is staying seperately because of a valid reason, Divorce will not be granted to husband.

Can husband be imprisoned in this adultery case?

Not until and unless the criminal caharges of bigamy are levelled against him by the other woman's husband.

Thanks

P. Venu (Advocate) 22 September 2017

Yes there are no legal remedy other than seeking divorce.

Ramkesh Kaushal (Advocate) 23 September 2017

Ony Divorce is solution in this case

RAMKESH KAUSHAL

8826802789

R Trivedi (advocate.dma@gmail.com) 24 September 2017

You have the evidence, then that means you know about the husband of 'that woman'. Her husband can file a case against your husband for adultery. BUT PLEASE THINK before you initiate such process, these are dangerous aspects, contacting her husband and telling him about his wife liaison with your husband is not to be taken lightly. So be careful, involve some well-wisher of your and then decide. If talking out with your husband resolves then keep it in family only. Take care.

Nandha (NIL) 24 September 2017

Dear Experts,

Thank you all for your advice. I have some more queries.

1) The wife has got some intimate pics of her husband with another woman. She will submit it at the court during divorce proceedings. But, if she makes the pics public, will the wife be in any legal trouble? Can the wife be sued by that woman?

2)) Without seeking divorce, can the wife file a case for monthly maintenance from husband because she do not want to stay with him, as he has committed adultery?

Thanks

Adv Radhika Mehta (Advocate) 25 September 2017

Originally posted by : Nandha

Dear Experts,

Thank you all for your advice. I have some more queries.

1) The wife has got some intimate pics of her husband with another woman. She will submit it at the court during divorce proceedings. But, if she makes the pics public, will the wife be in any legal trouble? Can the wife be sued by that woman?

No as such, she cannot be sued. Unless ofcourse the Court, for some reason, is not convinced by the same or believes the same to be photoshopped then only the other woman may file a defamation suit against her.

2)) Without seeking divorce, can the wife file a case for monthly maintenance from husband because she do not want to stay with him, as he has committed adultery?

Yes, she can under the Hindu Adoptions and Maintenance Act.

Thanks