• My wife is having an extra marital affair

My wife is cheating on me how do I get divorce?She is not staying with me from last 1.5years.
Asked 7 years ago in Family Law
Religion: Hindu

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13 Answers

1) do you have evidence of her adultery?

2) if so you can file for divorce on grounds of mental cruelty and adultery

3) her lover should be made co respondent in divorce petition

4) you can also file criminal complaint against her lover under section 497 of IPC for adultery

Ajay Sethi
Advocate, Mumbai
94693 Answers
7527 Consultations

5.0 on 5.0

Contact detective agency and gather evidence of her extra marital affair

Then file for divorce as advised

Ajay Sethi
Advocate, Mumbai
94693 Answers
7527 Consultations

5.0 on 5.0

Hello,

You can file a petition for divorce under section 13(1) of the Hindu Marriage Act on the ground of cruelty. Extra Marital is broadly covered under the head of cruelty and to elaborate Mental cruelty in s.13(l)(ia) can be broadly defined as the conduct which inflicts upon the other party such mental pain and suffering as would make it not possible for that party to live with the other. In other words, mental cruelty must be of such a nature that the parties cannot reasonably be expected to live together.

Therefore, you can now file a petition for divorce in the family court, Lucknow.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

1. Cheating on souse is a good ground for divorce.

2.So you can file a suit for divorce on the ground of mental cruelty.

3. If you prove the allegations of cruelty arising out of her cheating you will get decree of divorce.

4. Since it is a contested suit disposal of such suit takes lot of time.

5. Hence it is best advised to go for mutual divorce on amicable settlement for which both of will have to agree on the terms and conditions of such settlement.

Devajyoti Barman
Advocate, Kolkata
22815 Answers
488 Consultations

5.0 on 5.0

My wife is cheating on me how do I get divorce?She is not staying with me from last 1.5years.

You can file a contested divorce against her on the grounds of mental cruelty and desertion.

In the absence of concrete proof of her adulterous act, you may not be able to prove the same if you file the divorce case on the grounds of adultery.

But you can plead in the petition stating that she deserted the matrimonial house only to live away with her paramour in an adulterous life.

T Kalaiselvan
Advocate, Vellore
84893 Answers
2190 Consultations

5.0 on 5.0

I am not knowing what to do since she has left her matrimonial home from last 1.5 years.

I want a solution.

It's been 3years of our marriage.

We do not a have a child.

As you see there is no chance of saving your marriage and she is into her own way of life, she cannot be forced to live with your anymore, you may decide to file a divorce case on the grounds of mental cruelty owing to her acts of adultery and desertion.

T Kalaiselvan
Advocate, Vellore
84893 Answers
2190 Consultations

5.0 on 5.0

Hello,

there is no need to get a detective in Pune, with these much prove and this ground that she is not living with you you can file a petition for divorce within the local limits of whose ordinary civil jurisdiction:

The Marriage was solemnized, or

The respondent at the time of the presentation of the petition resides, or

The parties to the marriage last resided together, or

In case wife is the petitioner, where she is residing on the date of presentation of the suit, or

The petitioner is residing, in case respondent is out of the territory of which the Act applies or has not been heard for 7 years.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

Hello,

I have already answered this query of yours, kindly see.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

I have few photographs of them together and also some of the Facebook chats but I do not have any photos of them in any compromising position.

The photographs of they being together which may not depict compromising position between them may be considered as general and ignored by court. Facebook chats also may not be considered as admissible evidence by court for the offences of adultery.

You may please mental cruelty based on her adulterous activity.

To evidence and support your pleadings on her adulterous due to which you suffer mental cruelty, you may attach the said photographs in which they are found to be together and also since she fled the matrimonial home long back without any valid reason.

The party is not ready to talk or settle down things.

Please suggest any good detective agency too that can work for me in pune.

For detective agency and other sources to obtain information about her you may have to look for one yourself in the local.

T Kalaiselvan
Advocate, Vellore
84893 Answers
2190 Consultations

5.0 on 5.0

1) merely because your wife and the guy were in some photographs together does not prove adultery

2) you can do google search for detective agency in Pune

Ajay Sethi
Advocate, Mumbai
94693 Answers
7527 Consultations

5.0 on 5.0

what are the contents of face book chats

2) contact a local lawyer

3) don't file for divorce unless you are able to prove allegations made in divorce petition

Ajay Sethi
Advocate, Mumbai
94693 Answers
7527 Consultations

5.0 on 5.0

Dear Querist

Immediately file a divorce case based on cruelty and adultery based on those chats and photographs and make a party to that person too in your divorce petition U/s 13(1)(i) &(ia) of Hindu Marriage Act-1955 before family court or district court.

when she will receive the summon then she has to try to settle the matter with you and the court is also duty bound to do all possible way to settled the matter between the parties.

if she is not ready to settled then you may fight the case on merit and tried to proved those massages/facebook chat/whatsapps massages regarding adultery and cruelty and if you prove it then court may pass an order for divorce.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

Then on the basis of photographs adultery would not be proved.

Since I do not know the contents of chat messages I can not advise on it.

Devajyoti Barman
Advocate, Kolkata
22815 Answers
488 Consultations

5.0 on 5.0

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