• Divorce

Hello sir,

 This is about my friend who got married in 2014 . He does not has any child. 

The case is his wife is having affair and situation got worst so far that he does not want to live with her anymore at any cost. He wants to file a case for divorce.

Please advise how should we proceed and how much time it will take . What are the possible outcome.
Asked 4 years ago in Family Law
Religion: Hindu

2 answers received in 30 minutes.

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15 Answers

1) gather evidence of your wife extra marital affair

2) file for divorce on grounds of mental cruelty and adultery

3) make her lover co respondent in divorce case

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

Ajay Sethi
Advocate, Mumbai
87915 Answers
6207 Consultations

5.0 on 5.0

1. Decree of divorce is not granted by the court without adequate ground acceptable by law for seeking divorce and one such ground is cruelty.

2. Your friend shall have to collect adequate evidence of his wife's extra marital affair, specially her establishing physical relationship with a third party out of her wedlock to prove the act of cruelty on her part (no charge of adultery can be brought against women as per Indian law).

3. Copy of hotel register showing both of their signatures for occupying room therein is enough to prove their having physical relationship in addition to audio/video recordings in this regard.

4. After being fully prepared with evidence to prove her mental cruelty, your friend should file a divorce suit against his wife on the ground of cruelty.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

Let him file a case of adultery office wife and at the same time he can file a case of divorce in the family court on the basis of adultery by the wife he has to produce proof of adultery by the wife and in case police finds proof of adultery that will be an added advantage

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Firslty, it is very unfortunate that why one of the spouse get in such relation which is ruining their own life.

Secondly, I advice your friend to go for the divorce on the ground of adultery, and then your friend may not have to give any alimony also as fault is at her end.

Thirdly, try to have some proof of adultery as in the form of messages, recording, pictures etc. then it would take almost around two years to get divorce not less than that if contested by the wife otherwise not more than 6 one year.

Rest, you are free to share anything in future.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Hello,this amounts to mental cruelty and he can file a divorce on this ground and can also make the other person as a party to divorce.

If the case is contested by her then th case will take 2-3 years to get decided.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1. If your friend has got some tangible proof of her adultery and instances of mental cruelty then on that basis he can file a suit for divorce.

2. However if such suit is contested which is very likely then it takes lot of time. hence making her agree for mutual divorce which is likely to entail payment of alimony is best suited.

3. Otherwise your friend need to keep patience as such divorce suit takes not less than 5-6 years to end.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

1) Your friend can file case against his wife under adultery base and can get divorce. Or both husband and wife wants divorce soon than they can go for Mutual consent divorce.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

He needs to file the divorce petition on the ground of mental cruelty against her in court of law with the help of any local good advocate.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

If your friend's wife is having an affair, in that case, your friend can take such ground in the divorce petition. If the wife is committing or indulged in adultery, the court will disallow her petition to seek maintenance from the husband.

First, you should hire a lawyer expert in such cases. Share the evidence of wife having an affair.

Junaid Ali Khan
Advocate, New Delhi
173 Answers
1 Consultation

4.7 on 5.0

Grounds for divorce on the basis of adultery is mentioned under section 13(1)(a) of Hindu marriage act, 1955 which states that any marriage before or after the commencement of this act shall be dissolved by a decree of divorce on the ground that the other party had voluntary sexual intercourse with any person other than his or her spouse after the marriage.

Your friend will have to file for divorce on grounds of adultery and cruelty by wife against husband and in-laws, if applicable.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

It's advisable that your friend should start gathering evidence in the form of phone messages, photographs email, phone recordings, video recordings, hotel bills etc. which may help you to build a case against your wife as proving adultery is very difficult in court.

Your friend can also file a police complaint against the man who is cheating with his wife under section 497 of IPC which reads as:

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.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

If your friend can collect the evidences to prove her adulterous life or extra marital affair, he can file a divorce case on the grounds of adultery.

Besides, he can even lodge a criminal complaint with the police under section 497 against her paramour for the offences of adultery.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

Hello,

Ask you friend to file a divorce suit on the ground of adultery before that file a criminal case against the man for adultery.

Regards

Swarupananda Neogi
Advocate, Kolkata
2941 Answers
6 Consultations

4.7 on 5.0

File divorce on the ground of adultery.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

You need to file Divorce in family court. You can file Divorce with mutual consent if possible as it will take less time about 6 months. If contested divorce is preferred it may take more time which can't be specified.

Prashant Nayak
Advocate, Mumbai
27245 Answers
88 Consultations

4.4 on 5.0

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