• Husband cheating

I caught my husband cheating on me when I listened to call recordings in his mobile. I turned it on because of his family and him being a liars to prove that they are lying. It was a massive shock for me when I listened to the recordings as I didnt have 0.1percent doubt on him. He is calling call girls and brokers regarding body to body massage and other services. Can I file complain against him? 

And also his parents are asking for 5 lakhs rupees through my relative grandfather. Does that come under dowry case? 

My father gave us five lakhs rupees before marriage as a gift but they didn't demand for it. My father gave them on his own will. But that money they have used it and they didn't give it to me. I saw a article that whatever gifts given by parents belongs to women and her hiers. I have 1 year old baby boy.

Please give me some advice on dowry and adultery case.
Asked 4 years ago in Family Law
Religion: Hindu

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17 Answers

Firstly, with all due respect Mam, it is very heart breaking when someone on whom you trust the most break your trust.

Secondly, yes, you can file cases under dowry act as well as 498a also.

Thirdly, and the adultery which you have been talking about can’t put him behind the bars, but yes you can use that as the ground of divorce, and it would be a very strong case for you to get success if you want to go for the divorce.

Fourthly, you should also ask for heavy alimony as he has almost ruined your life.

Rest you can contact me through Kanoon for further clearance on any point.

God Bless You...!

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

1) if your in laws are asking for Rs 5 lakhs you can file case of dowry harassment against them under section 498A of IPC

2)you have not mentioned whether Rs 5 lakhs was given by cash or cheque . do you have any evidence tht Rs 5 lakhs was given before marriage

3) you cannot file case of adultery against your husband

4) only husband can file adultery case against you if you have extra marital affair

5) you can file for divorce on grounds of adultery

6) rely upon call recordings in your favour to make out a case

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

There are multiple cases you can file against him.

1. You can file dowry harassment case.

2. You can also file case under charges of Cheating, Breach of trust, Adultery ... etc.,

3. Pls approach a lawyer for further help.

Advocate, Bangalore
844 Answers
9 Consultations

4.9 on 5.0

Mam, adultery criminal case can be filed in situation only when a man has affair with married women so basically the criminal case of adulterty is not made out here, but this is adultery and ground for divorce.

Further you can complaint before the mahila thana for domestic violence, dowry ,and 498A if there is cruelty and 406 IPC for stridhan and demanding back gifted 5 lac rupees. Further you can also mention the adulterous nature of the husband.

Further you can seek maintenance from husband for yourself and your son under crpc 125. Protection order, maintenance and residence under domestic violence act.

Also you can file for divorce on ground of cruelty and adultery against your husband

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Answer to question No.1):- u can file complaint against your husband and inlaws as acts of your husband and inlaws amounts to offence punishable under sec.498-A of IPC & under section 5 &6 of dowry prohibition act.

Answer to question 2) :- above answer sufficient and Answer to question 3):- Whatever presented by ur parents/relative are stridhana property belongs to u and ur baby.

Konda Srinivas
Advocate, Hyderabad
211 Answers
2 Consultations

Not rated

Yes for sure you can file case against them also, and also the case under DV act if you wish to live in the same house for creating further and teaching them a lesson.

Can have detail talk with regard to the same Mam over phone or email with me through Kanoon.

Good Luck...!

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

You can move a police Complaint against your husband.

Anything including monetary/cash goods, that were presented to your at the time of your marriage, will constitute your streedhan; and it's your property.

If you want talk to your husband. I think the issue isn't really big and things can be resolved if you both take assistance of a marriage counselor.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Dear Client,

If u have proof of adultery and hiring for physical encounters, you can file complain u/s 5 of The Immoral Traffic (Prevention) Act, 1956.

Every demand whether direct / indirect, comes under dowry case.

Gifts given in marriages - depends on whom it was given, either to husband or daughter, to in laws its dowry.

But u can claim that money, as stridhan is absolute right of women and cannot be taken away from her.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0


If you want to do complain, then collect more evidence against him.

And first of all talk to him and solved the matter without anybody interference.

If you will not satisfied then you complain and liable to divorce also.

For dowry case, It is a clear case of dowry,there parent's are liable.

Yes, whatever you read is right.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

Firstly lodge a complaint 498A with police for dowry harassment and also you can file a divorce petition under ground of cruelty and adultery under Section 13(1)(ia) of hindu marriage act.

Since you have a kid to take care of first.File a petition for maintenance under section 125Crpc seeking maintenance for you and your child.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

1) You can file against him dowry case and adultery case.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Money given by will doesn't come in dowry. Demand of money comes in dowry. You can file adultery against him.

Prashant Nayak
Advocate, Mumbai
27245 Answers
88 Consultations

4.4 on 5.0

It is very unfortunate mam that despite the tha fact that prostitution is not legal in India, still people can’t be held liable for punishment even if they caught red handed.

But, yes he is liable for bigamy which can be used as ground for divorce, and put on heavy alimony for you Mam.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

You can file a complaint under Section 498 a IPC as well as Section 3 & 4 of Dowry Prohibition Act, 1961 against your husband and inlaws for accepting dowry as well as demanding more dowry , but you should have documentary evidence to prove the same in court as the burden of proof lies with the prosecution i.e. you will have to prove your allegations and every allegation has to be proved beyond reasonable doubt.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

With regards to adultery, you cannot file a criminal complaint against your husband for adultery. Adultery under the Indian Penal Code is not available to a woman. It was incorporated solely for the husband of a married woman to prosecute the man she is having an affair with.

But, you can file for divorce on such grounds, provided you have sufficient proof.


Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

Firstly do not reveal whatever proof you have found against your husband. Secondly, you can not file a complaint against your husband u/s 497 but you can seek dissolution of your marriage on the ground of his adultery. But to understand whether what material or evidence you have is sufficient or not, you need to consult a lawyer who can guide you on this aspect after inspecting the evidence.

Why are your in-laws' asking for money through your relative grandfather? Whether it comes under Dowry or not depends upon the circumstances and without analysing the same, no concrete answer can be provided.

However, in this scenario, given that you have a small kid, i would advise you to collect proof of your husband's adultery and use that to coerce him into giving you a good settlement, after which you obtain Divorce by mutual consent and move on in your life.

Radhika Mehta
Advocate, Mumbai
484 Answers
4 Consultations

5.0 on 5.0

A wife cannot lodge any criminal complaint against her husband for his extra marital affairs.

It is not a crime.

Your relative grandfather's problem should be dealt by him, it cannot be considered as dowry demand especially if it is not based on you.

You can demand the Five lakhs given by your father to them or you can file a dowry harassment case on the basis of the evidences of this.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

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