How to get divorce on wife having adulteryaffair & got child

Getting divorce is not easy.  If you have proof you should submit about child not being yours.  That child is born out of somebody elses sperm. This is proof for wife slept with someone else and cheated you.  Court will grant divorce after trial of divorce case.

your other questoins have not legal value.  YOu can wait for sachin, tamilanan, atul etc etc to reply to other emotionally charged questoins.

If yo uwant quick divorce go for mutual consent divorce, it will be over in 6  months time but yo uwill have to pay heft alimony to wife as 1 time settlement, which I do not suggset.  Just wait till you get court divorce.

Anyway your life is over, now what problem in waiting for court to grant divorce?  Simply wait.  Meantime you search some suitable girl,keep searching by the tiem diovrce is got, you would have set with some divorcee or some widow or null and void candidate for remarriage.

have patience is my advice.

Mr Logesh,

First of all I would like to clarify that I am not a lawyer, however since I too am undergoing the process of divorce, I have done

a lot of research. On basis of that I think, instead of filing for divorce, your brother should file a case of adultery against his wife and her lover. Criminal case under section 497, in the police station. Although there is a provision for punishment of upto 5 years only for her lover, but she will feel pressure due to this and come for settlement. Besides, the case against her lover will stand. Please get legal advise in this direction and proceed fast. time is a factor, since if you do not file a case within 6 months despite having knowledge of affair, it may not be admissible then.

Not only will her lover be punished,but she too will feel loss of prestige and you shall get a sense of getting a justice besides divorce.

I hope that not only your brother gets divorce, but that your family should get justice.

Regards...

Dear Chirag Shah,

 I wouuld like to correct you that 497 IPC (Adultry) proceedinggs can be initiated only against male partners, not against female partner, juust read the Section carefully,  it reads 'Whoever has ..................and whom he knows or has reason to believe TO BE WIFE OF ANOTHER MAN ..........." and further our law makers have penalised the female partners, by making appropriate penalising arrangements in Section 13 (i) HMA and also in Section 125 (4) CrPC. As per Sec 13 (i) HMA, having voluntary extra-marital s*xual intercourse is a ground for obtaining divorce. And as per Sec 125 (4) CrPC "No wife shall be entitled to receive an maintenannce if she is living in adultary.

Here in your case, Mr Logesh, by virtue of the DNA test of the child, maintaining/ having voluntary extra-marital relation has become an established fact, thus it is an valid grouund for getting divvorce on this very ground and it also protects you against maintenance /s 125 CrPC also. Only the thing that how youur case is being taken up and represented.

Read more at: https://www.lawyersclubindia.com/forum/How-to-get-divorce-on-wife-having-adulteryaffair-amp-got-child-156379.asp

Originally posted by : Anil Bhatnagar
	Dear Chirag Shah,  I wouuld like to correct you that 497 IPC (Adultry) proceedinggs can be initiated only against male partners, not against female partner, juust read the Section carefully,  it reads 'Whoever has ..................and whom he knows or has reason to believe TO BE WIFE OF ANOTHER MAN ..........." and further our law makers have penalised the female partners, by making appropriate penalising arrangements in Section 13 (i) HMA and also in Section 125 (4) CrPC. As per Sec 13 (i) HMA, having voluntary extra-marital s*xual intercourse is a ground for obtaining divorce. And as per Sec 125 (4) CrPC "No wife shall be entitled to receive an maintenannce if she is living in adultary. Here in your case, Mr Logesh, by virtue of the DNA test of the child, maintaining/ having voluntary extra-marital relation has become an established fact, thus it is an valid grouund for getting divvorce on this very ground and it also protects you against maintenance /s 125 CrPC also. Only the thing that how youur case is being taken up and represented. Read more at: https://www.lawyersclubindia.com/forum/How-to-get-divorce-on-wife-having-adulteryaffair-amp-got-child-156379.asp

Dear Sir,

I thank you for adding to my reply. I am aware that only the male lover can be punished, hence I have mentioned in my previous reply that there is provision for punishment only for the lover. Few years back, there was some representation that such adulterous wife should also be punished and that punishment for upto 3 years was contemplated, however it is yet to become a law... as per as my information and belief...

Regards....

Firstly, you will have to understand that in our country, marriage is a sacrement, an institution which is to be preserved. The Court will have to follow the full legal procedure.  Just because your brother has proof or evidence, the Court is not going to overlook the procedures and grant him a Divorce with the snap of fingers. No doubt, what happened to your brother is rather unfortunate but he has no other option but to wait it out.  This will continue for a couple of more years with the other side trying their level best to delay the matter so your brother and all of you will have to have patience.