Wife having affair with another man
Sir I am married in May 2013, I found my wife is having affair with her collegue in office from past 5 years. My question is can I file a cheating case against both. ?
Asked in Family Law from Bangalore, Karnataka
You may file for divorce against your wife on the ground of her infidelity based on the evidence that you have. Simultaneously, you may also file a criminal case for prosecution of your wife's paramour who if found guilty can be imprisoned for up to 5 years by the court.
Better you can file divorce case, but you can prove before the court of law that she has having affair, as my experience it is difficulty to prove........ if you have evidence you can file complaint to the paramour of your wife.
file for divorce against your wife on grounds of adultery , mental cruelty . make lover co respondent in said case .
you can also file criminal complaint of adultery under section 497 of IPC against her lover . however please note that your wife cannot be punished for said offence .
usually, there are no direct evidences against adultery and it has to be proven with the help of circumstantial proofs such as; photographs of the spouse with her lover at secluded place where they may get intimate or at places like hotels where they may get an opportunity for physical relationship. Since, it is difficult to have an eyewitness to prove an illicit relationship; it can be proved indirectly by showing evidences such as hotel bills or travel records.
you can, provided you have to prove your charges against them. and in the event you fail in your attempt, there are every possibility that your wife can file a suit for defamation against you. so collect all documentary proof against her and then proceed.
First sit and talk to your wife and try to sort out differences between you and convince her to mend her ways.
If she refuses to reconcile, offer her option of Mutual divorce consent. That would be best option for both of you.