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?

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

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