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I have cought my wife to adult talking with her boyfriend with them whats up message and audio clip
in audio clip my wife call him to meet at home and give all thing..in whats up message she msg him ..i love u ..and all about sleeping ...and using a bad launguage for my mother and all my family member even me also ..she also bitting my 2 yera son every day but i have no proof about this misbehavour with my son ..she also give me threat ..like " my one work is uncompleted when it complet you will finish "..........i have all proof of msg and audios ....pleaze tell me is this proof are enough to save my famiy from cases ..and how can i get divorce ...thanks
Asked 4 years ago in Family Law
Religion: Hindu

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20 Answers

Hi, you have to file a petition for divorce on the ground of cruelty and adultery and if you able to prove your case based on the available documents you will get the divorce.

2. You have a good case file a petition for divorce.

Pradeep Bharathipura
Advocate, Bangalore
5396 Answers
310 Consultations

4.5 on 5.0

1. Confront your wife seeking explanation of this. If she repents and promises not to repeat this in future then you can consider condoning her for the sake of the child.

2. However if she remaind defiant and doesn't remorse for her misdeeds then go for dissolving the marriage preferably by mutual divorce.

3. If mutual divorce doesn't happen then file contested suit for divorce and criminal case of adultery against her boyfriend.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

First of all file a case of Adultry agaisnt the boy friend of your wife under ipc 497. As women cannot be convicted of Adultry only divorce can be there.

Than file a divorce petition in family court ahmedabad under section 13 Hindu marriage act on ground of Adultry and cruelty. Adultry is valid ground for divorce.

Also in family court all the evidence which prove your claim messages audio clips are accepted in defined format. Also audio clips cannot be denied by her as her voice can be checked.

Further get details of phone records, hotel stay if any or any proof they have stayed together.(if available).

If you take action first than this will help in false cases if any filed against you.

Also on basis of misbehavior with child and adultry you can seek custody of your child.

Further take a prompt action in filing criminal.complaint of Adultry also that shall be valid record.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Engage detective agency and gather evidence of wide adultery

2) audio clips is not sufficient to prove adultery

3) if wife has in what’s app messages called her boy friend Home in your absence it would help you in making out a case

4)you canfike case of adultery against her lover under section 497 of IPC

5) also file for divorce on grounds of mental cruelty and adultery

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

This is fit case for divorce because the law is settled that when wife has been living under intimacy with another person this act constitutes adultery. You should prefer a petition before the family court for divorce under section 13 of the Hindu Marriage Act. All the conversations exchanged between your wife and her paramour  is relevant evidence and sufficient to prove her extra marital affair. Do not cause delay and file the petition as soon as possible, not necessary to give notice on your wife.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

Hello,

Adultery is a ground of divorce under Hindu Marriage Act . You should contact your local lawyer and file a divorce suit under section 13 with all the evidence you have with you. If you can prove it , then you will be absolved from giving her maintenance in future.

Hope this helps.

Regards.

Swarupananda Neogi
Advocate, Kolkata
2941 Answers
6 Consultations

4.7 on 5.0

Dear,

First of all file a case against boy u/s. 497 ipc for adultery

File a divorce petition against your wife on the account of mental harassment,cheating,misbehavior,

cruelty against your son,threatning u/s. 13 hindu marriage act.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

You may file a divorce case on the ground of cruelty by wife if you have proof in a file FIR in police station

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Yes you can file divorce in family court. If you prove her character less then you don't need to pay her maintenance. You can also file adultery case against her boyfriend

Prashant Nayak
Advocate, Mumbai
27267 Answers
88 Consultations

4.4 on 5.0

better file for divorce on grounds of mental cruelty and adultery

2) wife guilty of adultery is not entitled to maintenance

3) also file adultery case against her ;lover under section 497 of IPC

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

Dear,

First you take the step and file the case against both o f them as i stated early.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

This marriage is broken . So do not stretch it anymore.

File a contested suit for divorce and adultery against her paramours before she lodges any false complaint.

The cases to be filed by you essential for your survival from false accusations.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Yes it is very strong

Prashant Nayak
Advocate, Mumbai
27267 Answers
88 Consultations

4.4 on 5.0

File fir straight away let police investigate at same time file for divorce if they are not responding there is no time waiting they will file false cases on you and will take a great effort to come.out of them so better put them.in pressure and seek divorce.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

I have solved many cases like this. I can understand your problem. At times, despite our best efforts, life takes a turn for the worst. We may have wanted different things from life, but life’s got its own plan as well. A bad marriage is something which nobody hopes for, but at times, that’s exactly what we are given and forced to face head on. There are some incidents that happen in your life and those incidents are so strong that they change your DNA. Marriages are hard. Divorces…even harder. Nobody enters marriage thinking about a divorce in the end. If some are unable to cope with the harsh realities of marriage, the only viable option in front of them is to approach the Court and seek legal separation. Marriage doesn't guarantee that you will be together forever, it's only paper. It takes trust, respect, commitment, understanding, friendship and faith in your relationship to make it last. Moreover, a relationship without trust is like a car without gas, you can stay in it as long as you want but it won't go anywhere.

There is bitterness in your relationship now. If you have decided for divorce then you can file a mutual divorce case. Under Section 13-B of the Hindu Marriage Act, 1955, the parties can seek divorce by mutual consent by filing a petition before the court. Mutual consent means that both the parties agree for peaceful separation. Mutual Consent Divorce is a simple way of coming out of the marriage and dissolves it legally. Important requirement is the mutual consent of the husband & wife. There are two aspects on which Husband & Wife have to reach to consensus. One is the alimony or maintenance issues. As per Law there is no minimum or maximum limit of maintenance. It could be any figure or no figure. Next important consideration is the Child Custody. This can also be worked out effectively between the parties. Child Custody in Mutual Consent Divorce can be shared or joint or exclusive depending upon the understanding of the spouses.

If you wife is not agreeing for mutual consent divorce then you can file a divorce case on the ground of mental cruelty. As you have all the proofs so it can be used as strong evidence against her in court.

If your wife and her family members are threatening to file a case against you for domestic violence then you can file a police complaint against them in the nearest police in Ahmedabad. You and your son have a right to live your life with peace and with happiness and nobody has a right to threaten you. Your wife has no right to beat your son. I feel really bad when I read such incidents. At last I just want to say that divorce isn't such a tragedy. A tragedy is staying in an unhappy marriage.

SHRI GOPAL VERMA

ADVOCATE ON RECORD

SUPREME COURT OF INDIA

Shri Gopal Verma
Advocate, New Delhi
312 Answers
5 Consultations

4.0 on 5.0

The said proofs in your possession may help you navigate through the police when she files a criminal complaint agaisnt your for dowry harassment etc.

But this will not help you to protect yor interests in the criminal cases as primary evidences until she admits them while she is being cross examined based on such evidences.

You may secure them for whatever worth they may be.

T Kalaiselvan
Advocate, Vellore
78095 Answers
1543 Consultations

5.0 on 5.0

If she lodges criminal complaint and the police is registering FIR, first you obtain anticipatory bail for all those accused in the FIR and then challenge the case properly in trial court.

Do not budge to her pressure at any time accepting to pay her the exorbitant money she may demand to withdraw the complaint/criminal cases.

Challenge her false cases on merits.

T Kalaiselvan
Advocate, Vellore
78095 Answers
1543 Consultations

5.0 on 5.0

Dear Querist

Immediately file a divorce case based on cruelty against her Under section 13(1)(ia) of Hindu Marriage Act-1955 before the Family Court of your area.

after your divorce case, if she will file any case against you and your family then your divorce case will support you and it may be considered that she filed the cases as counter blast case to take revenge from you.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6220 Answers
302 Consultations

4.9 on 5.0

Apart from catching your wife red-handed and confronting her, do you have proof of all those chats? If yes, then those proofs are good enough but it is advisable to collect more photographic evidence so as to leave no doubt. Put a detective behind her. Even if they do case on you, your proof will remain strong but i would advise you to file for Divorce quickly on the ground of adultery and cruelty and under Sec 497 against her boyfriend. However, under no circumstances, should you resume married life with your wife or allow her to come back as in that case you are condoning her affair. That is unless of course you want to still save your marriage.

Radhika Mehta
Advocate, Mumbai
484 Answers
4 Consultations

5.0 on 5.0

Hello,

Your prove are sufficient, file an FIR against the person who is involved with your wife along with all the evidences that you have.

Section 497 defines adultery as follows:

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

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

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