• Cheating wife

My wife is cheating on me. I have read her watsapp chat which she has now deleted and I don't know what to do. As I can't trust her again in my life. She has done abortion also which she accepted after confronting her, but I doubt it if she will accept this in front of everyone. I don't know what to do. I am really depressed and helpless.
Asked 6 years ago in Criminal Law
Religion: Hindu

3 answers received in 30 minutes.

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19 Answers

You need to.collect evidence for her adulterous act. Then you can file a case of adultery against person withwhom she is cheating you. However your wife cannot be punished for adultery.

You can file.a divorce on ground of mental.cruelty and adultery.

Please keep in mind evidences are important.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Respected sir...

Court and law always work on evidence...For proving her wrong you might have evidence that can prove her guilty of cheating ..Sir before taking legal action against her first collect all the sufficient evidence that will support your version in future prospect that might be audio video or any other ways such as communication..Which can prove her guilty...Sir for any further cases you have to make your mind clear in what way and sense you want to treat her ...Sir make your mind clear then take any action.....

Thank you

Dinesh Sharawat
Advocate, Delhi
1263 Answers
12 Consultations

4.9 on 5.0

1. You shall have to handle the matter coolly without letting her know that you have come to know about her secret affair.

2. Allow her to continue to run extramarital affair with her paramour and collect evidence of their having physical relationship. You may secretly fix close circuit or spy camera in your home and leave for overnight tour to ensure that they act physically in your room to be recorded in camera.

3. The entry found in hotel register with their names and signature establishing that they had spent night in the hotel room is a good evidence to prove the extra marital relationship of your wife.

4. Thereafter file a police complaint against her paramour bringing the charge of adultery against him.

5. You can then file a divorce suit against your wife on the ground of cruelty and having physical relationship out side her wedded life.

6. If her said physical relationship is proved, it will be easy for you to get the divorce and she will not be entitled to any amount towards maintenance.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

1) you have to talk politely with her, just ask normal questions - answers in front of all (family members of both).

2) Make a situation like this she should confirm in front of all what misdeed she had done.

3) don't get depressed try to work smart.

If you require any further help do call me via consultation call.

Ganesh Kadam
Advocate, Pune
12924 Answers
254 Consultations

4.9 on 5.0

There is no point in making such admission beofre others.

First decide what do you want from her.

If she is repentant and ready to reform her self then forgive her and move on in life.

Otherwise go for mutual divorce.

Devajyoti Barman
Advocate, Kolkata
22809 Answers
487 Consultations

5.0 on 5.0

Dont loose your trust simply just for watsapp etc as the relation is for the whole life.

The decision will be yours and no lawyer should suggest you for the action against her .So,before taking any legal steps against her try to reconcile the matter in dispute with the help of both the family members.

If, the dispute not resolved , and you want a separation from her , then you can get order of Divorce from the court on this ground of cruelty/adultery.But filing a case is not enough to get relief from court , you will have to prove the allegations imposed by you against her and further consequences of the same.

If, she also wants a separation from you , then you both can file petition for mutual divorce.

Mohammed Shahzad
Advocate, Delhi
13199 Answers
197 Consultations

5.0 on 5.0

1) contact a detective agency and gather evidence of her extra marital affair

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

3)wife aborting child without husband consent amounts to mental cruelty

Ajay Sethi
Advocate, Mumbai
94658 Answers
7524 Consultations

5.0 on 5.0

Dear friend, please read the following:

"Restoring your chat history

You can back up your WhatsApp data using Google Drive and/or a local backup. Local backups will be automatically created every day at 2am and they will be saved as a file in your phone."

Thus you have to get it retrieved and save in your mobile. Try to appoint one private detective and collect evidence.Abortion without your consent entitles you to get divorce, if interested. Rest in personal discussion, if yu visit my office.

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

Try making her understand the meaning of marriage. It founded on belief and believe on each other.

Secondly, if she is not able to amend herself then

(1) seek divorce on the ground of adultery but have some substantive proof before filing divorce petition

Parkash Chand Bhardwaj
Advocate, Hamirpur
120 Answers

4.8 on 5.0

If her intention is to get rid of you, then no other option, you have to find ways to get rid of her. Otherwise, depression will lead to mental disorder., etc.,

Therefore, wait for the right time, either she mend her ways, or you mend your ways according to her attitude, or to get mutually separated.

Rajaganapathy Ganesan
Advocate, Chennai
2132 Answers
8 Consultations

4.9 on 5.0

You may file a case of cruelty by your wife by her adultery.

After that you may file a divorce petition after the cooling period after living separate.

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

If you have evidence to prove that she has aborted without your consent then she has committed cruelty. according to Section 13 of the Hindu Marriage Act cruelity is a ground of divorce therefore you can take divorce or refuse her union.  but this is the legal provision and I do not advise you to file any divorce petition against her. You should try to provide a very good counselling from a good Psychiatrist or psychologist from your city.  you should try to manage this situation and give her a space to understand matrimonial obligations and duties.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

Try to acquire proof and file divorce suit if u r not comfortable with her

Subhendu Ghosh
Advocate, Barrackpore
234 Answers

4.0 on 5.0

Don’t make an instant decision you may regret later, after the damage is done. Make the decision whether to stay in the marriage or file for a divorce. If your wife refuses to give up the affair, you have two choices. You can give it time and see if the affair dies out or you can file for a divorce and move on with your life. Whatever you do, is your choice. If your wife has never talked to you about her unhappiness in the marriage you should not blame yourself. Many marriages begin to fail when there is a lack of communication, especially when feelings are not expressed.

Men often get angry to mask the pain, vulnerability, and sadness they are feeling. When you discover the infidelity you will experience many different emotions. You will fear losing your wife, your marriage ending and of course the shame of knowing that marital trust has been broken. If your desire is to save your marriage you need to check your emotions and come at this problem with a level head. Choose a good friend or trusted family member to confide in but don’t allow your anger to cause you to spread the word to too many people. If you are able to save your marriage, you don’t want people judging you or your wife. Your marital problems are your business; keep it close to the chest.

If your desire is to divorce, you will fare better during the divorce process if you don’t allow your emotions to guide your decisions. Protect your legal rights in case your marriage doesn’t survive. Adultery is a ground for divorce. The ground for getting a decree for divorce on the grounds of adultery is provided as :“The Respondent has after solemnization of marriage, had voluntary sexual intercourse with any person other than his or her spouse. wife aborting child without husband consent amounts to mental cruelty

Ajay N S
Advocate, Ernakulam
4072 Answers
111 Consultations

5.0 on 5.0

1. Collect evidence of her extra marital affair and then file a petition for dissolution of marriage.

2. Being depressed will not lead you to anywhere.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Hello,

you can file a divorce case if you can not accept her.

Cheating you and aborting child amounts to mental cruelty and you can file a case on this ground.

Engage a private detective who can help you getting prove as to with whom she is having the extra marital affair, as soon as you get the address of that person, file a case in the court and make that person also a party to the divorce proceedings.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

Try resolving this with you wife and if she's willing to mend her ways, then you can give her a second chance in this marriage.

Having said that, in case you have made up your mind to get separated from her, you can file a contested divorce her.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

How long have you been married.

How many children yo have out of your marriage alone?

If you are worried about your children and also your dignity in the society, you may talk to her and warn her to not to indulge in any such activity ion future while condoning her past undesirable activities

This may save your marriage and future

If you do not want to save your marriage and are bent upon dissolving it, you may file a divorce case on the grounds of mental cruelty and you may quote the same reason towrds the cruelty.

T Kalaiselvan
Advocate, Vellore
84859 Answers
2188 Consultations

5.0 on 5.0

Collect any evidence against her. Obtain call details of her number. If u get any evidence against her file divorce petition against her.

Tarun Budhiraja
Advocate, Rohtak
379 Answers

4.8 on 5.0

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