my wife cheat me extra marital affair

You can give police complaint on her. Under Section 497 of the Indian Penal Code, which was the section dealing with adultery, a man who had consensual s*xual intercourse with the wife of another man without that husband's consent or connivance could have been punished for this offence with up to five years imprisonment, a fine or both.

Dear Querist,

Though the act of adultery is no longer a criminal offence but it is still a ground for divorce in both Hindu and Muslim personal law. Under Section 497 of the Indian Penal Code, 1860 the act of committing adultery is criminalized. 

Under Section 13(1)(i) of Hindu Marriage Act, 1955, the Act lays down that if either the husband or wife after solemnization of marriage had s*xual intercourse with any person other than his or her spouse, then that person has committed the offence of adultery and it is a reasonable ground to file a divorce. 

Although when it comes to the custody of the child, a woman's extra-marital affair is not a ground to deny the custody of her child in a matrimonial dispute as it cannot be concluded that she will not be a good mother, the Punjab and Haryana High Court has held.

The court also noted that in a patriarchal society, it is fairly common to cast aspersions on the moral character of a woman and more often than not these allegations are made without any basis.

The order came following a habeas corpus petition filed by a woman from Punjab's Fatehgarh Sahib district, seeking custody of her four-and half-year-old daughter from her estranged husband who is an Australian citizen.

Regards,

Palak