• Adultery by wife

Namaste. 
I've been married , for 25 years and am 53 years old. Came to know of my 48 years old wife's extramarital affair with her 38 year divorced coworker. She admitted to it after being shown their pictures together , emails and call records .She even admitted to sleeping with him multiple times.
I've got one 20 year old daughter in college hostel. My wife is also a 50 percent share holder in my only current residing apartment bought from my own business profit.
 What are the Hindu laws for asking for divorce on grounds of adultery. Can she claim alimony and her share of apartment if the adultery charges can easily be proved by the evidence in hand. 
 I'm the only one paying for daughter's expensive higher education .
Asked 7 years ago in Family Law
Religion: Hindu

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6 Answers

If you want to dissolve your marriage owing to your wife's adultery, you can file a contested divorce on the grounds of her adultery and you have to implead her paramour as the second respondent in the case.

If she is not employed then she would be entitled for an alimony amount.

In the jointly owned property she is a joint owner hence you cannot deny her rights in the apartment.

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

5.0 on 5.0

Can I file a case against my wife's lover for promising marriage to her , to sleep with her. Have a video evidence of him proposing marriage to her , and wife smiling happily

You have to gather clinching evidence to file criminal complaint against him for the crime under section 497 for adultery offences.Mere proposal to marry her cannot constitute adultery.

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

5.0 on 5.0

1)you cna file for divorce on grounds of adultery and mental cruelty

2) emails , photographs of them together , wife admission is sufficent evidence

3) wife guilty of adultery is not entitled to any maintenance

4) however wife would be entitled to her 50 per cent share in the house wherein you are residing

Ajay Sethi
Advocate, Mumbai
95197 Answers
7607 Consultations

5.0 on 5.0

1) you can file case against wife lover under section 497 of iPC for adultery

2) 497. Adultery.—Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. In such case the wife shall not be punishable as an abettor.

3) no adultery case would be maintainable against wife as law regards her as victim

Ajay Sethi
Advocate, Mumbai
95197 Answers
7607 Consultations

5.0 on 5.0

1. If you have evidence to prove her adultery then you can file a petition for dissolution of marriage on the ground of adultery and cruelty.

2. A wife who commits adultery loses her right to claim maintenance from her husband. Her 50% share in the apartment will remain intact though.

3. You can also launch a criminal prosecution for the offence of adultery against her paramour under section 497 IPC.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. Since the marriage is long one and both of you have attained enough age if your wife repents for her deeds and is ready to reform herself then workout this marriage.

2. However of you are not ready to condone her then go for amicable settlement by way of mutual divorce pr stay separately without giving divorce.

3. Unless you prove she is still living in adultery her claim for maintenance can not be avoided . Since she os co owner of the house she will continue to be so even if her adultery is proved.

4.You can only file case u/s 497 IPC agaisnt her lover and no other case can be filed.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
497 Consultations

5.0 on 5.0

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