1) as on date wife has not indulged in an extra marital affair

2) if you have evidence of her affair file for divorce on grounds of sdultery and mental cruelty

3) wife guilty of adultery is not entitled to maintenance

4) it is doubtful wife would execute any affidavit admitting her mistake

5) divorce by mutual consent is best option

Hello,

1) Mere plan to start an extra marital affair will only be an allegation and you won't gain anything legally as it can only be used to prove mental cruelty. In other words it is not conclusive proof of infidelity.

2) No legal action lies for what they do just now. A marriage counseling would be a better alternative in your case who can help clear the tension between both of you and her parents.

3) As she is not employed she can claim maintenance and alimony. However as she is employable this should continue till she finds a job. Of course, you have to pay for the child's maintenance as well until it turns a major.

4) Such affidavits do not have any legal validity,besides that relationship cannot be enforced with certain conditions. Find out why she is planning to start another relationship of that's true, is there anything missing from your end. See if you can bridge the distance. Let taking divorce the last resort, especially as you have a small child as well.

1. What is the ground based on which you want to file the divorce suit?

2. It is very difficult to prove extra marital affair out of wedlock where simple chat records are not enough and evidence of having and/or running physical relationship is needed.

3. As such you can not file any suit against your parents in law since it is not their crime that their daughter listens to them.

4. If you file a divorce suit it will take years to be disposed off and you shall have to pay maintenance to your wife and kid till you can prove that she is employed and can maintain herself.

5. If you can not prove your grounds for seeking divorce then she can claim maintenance for all her life. if you can prove her adulterous relationship out of wed lock, she will not be entitled to any maintenance from you.

6. Any affidavit executed by her under pressure affirming that she will never visit her parents will be treated as extreme form of cruelty on your part and will not be legally enforceable. Please refrain for getting any such affidavit affirmed by your wife.

1) it is difficult to prove adultery

2) file for divorce on grounds of mental cruelty

3) you have to prove allegations made in divorce petition

4) wife can file false dowry harassment case . In such case obtain bail and contest case on merits

1. Do you have any chat record of your wife wherein she has admitted that she has had s*xual relationship with that man after marrying you?

2. If yes, then it is a very good evidence for filing divorce suit on the ground of cruelty since her having s*xual relationship out of the wedlock will be considered as a form of cruelty on you.

3. Yes, she can lodge a 498A complaint before the police station and also fikle DV case against you and your family members which you shall have to contest fittingly.

4. In case of filing 498A FIR, all the accused shall have to avail anticipatory bail first before contesting the case.

What all legal actions I can take against her parents and herself? In case of divorce will I be legally bonded to pay alimony or maintenance? And for what duration? I am ready to accept her if she accepts her mistake and promises never to return to her parents for any conversation in an affidavit format. Can this be possible?

The intended affidavits may look very attractive and legal for the present and would also appear a better idea to put a restrain on her, however the legal fact is that such affidavits are not enforceable in law.

You cannot restrict her from doing anything of her desire, that would invading her privacy, if you do not like to live with her anymore, you can seek divorce on the grounds of adultery by proving the same with documentary or any other kind of witness.

If she is unemployed then you may have to pay her maintenance and also to your kid.

If she is not cooperating with you then you may decide to choose your own decision that you have already decided

i have proofs of only chat records with words by my wife like meeting on regular basis and maintaining all physical relations. I do not have any adultery proof yet. can i still file a divorce basis mental cruelty? what is the probability of winning?

You can make a pleading accordingly that she is into an adulterous life with so and so though she leaves no evidence to prove the same hence instead of continuing the relationship, you would like to dissolve the marriage on the grounds of mental cruelty due to this.

In case of lack of evidence of adultery proof, I could start my normal life again. But due to breach in confidence, i will not be able to treat her the same ever. Can she or her parents file any police complaint against me or my parents (staying with us) seeking revenge of my actions, basis false domestic violence or ignorace from my end? how can I avoid such instances? Or incase of such complaints what should I do?

In order to wreak vengeance on you she may come out with false complaints too, however you can be vigilant about it, whenever you get a call from police, you immediately rush up to obtain AB and then attend the police station for investigation or inquiry and then challenge her false cases properly in the court of law.