• How should I prepare for divorce if I decide to get separated from my wife?

I am a 30 year old guy, working in one of the metro cities in India and I have been born and brought up in a small city in MP.
I got married almost an year and a half ago and for the first 3 months of my marriage, I had to be stationed out of city for work but I used to visit my home every weekend. Post the duration of out-station deployment, we both moved to the metro city where we live now and soon I found out that my wife had an affair going on with her boyfriend before the marriage. I saw some screenshots of video chats in her phone and connected the dots and found out that she was in the affair before our marriage talks even started, continued for our courtship period and after marriage as well. When I confronted her, she mentioned that she needed emotional support and hence she used to talk to the guy. I asked her if she would like to continue our marriage to which she said she needs some time to move on.
We had unprotected intercourse once when I used to visit her on weekends and she got pregnant and had an abortion in haste and kept me informed.
I had this doubt in my mind for a long time that I might not be the reason for her pregnancy because of the facts that she had an affair and she got pregnant while we had unprotected intercourse just once which is a rare case of getting pregnant.
Recently, I asked her the truth, she accepted that she had unprotected intercourse with her boyfriend even after our marriage and the timelines of pregnancy also match according to her.
I do not have an idea if I decide to get separated, what are my options. Would I get into legal troubles? Would I get into financial troubles? My salary is currently enough for hand-to-mouth kind of situation and I belong to a conservative nuclear family. How hard would things be for me if I decide to get separated? Kindly help.
Asked 4 years ago in Family Law
Religion: Hindu

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7 Answers

1) obtain in writing from your wife that she had sex with her boyfriend after marriage

2) that she was pregnant with his child and hence got abortion done

3) you can record the conversation wherein she admits her extra marital affair

4) wife guilty of adultery is not entitled to maintenance

5) best option is to file for divorce by mutual consent

6) if wife refuses file for divorce on grounds of mental cruelty and adultery

Ajay Sethi
Advocate, Mumbai
87917 Answers
6207 Consultations

5.0 on 5.0


your wife was having an affair before the marriage which continued after marriage too. she also had sex with him. she will not tell you how many times she had sex with her BF. therefore, it is better to separate. talk to her into confessing that she had an extramarital affair and record the conversation and it is a strong ground for divorce. file a divorce petition in Mumbai or if she is ready for a peaceful ending to tell her that you cannot continue anymore and take divorce by mutual consent.


Rahul Mishra
Advocate, Lucknow
13757 Answers
65 Consultations

5.0 on 5.0

The better course of action would be to go for mutual consent divorce provided your wife is willing to sign the petition without any alimony . In that case, divorce will happen in 6 to 8 months.

2. Otherwise you may have to prove evidence in Court regarding her extramarital affair with her earlier boyfriend and if contested may take 3/4 years.

Sushil Jha
Advocate, Patna
283 Answers
5 Consultations

5.0 on 5.0

No, you will not get into legal trouble if you decide to separate from your wife. Financial troubles too can be avoided if you are able to collect proof of your wife's affair before taking any such step. Once you have the proof, you will be in a better position to negotiate the terms of separation.

Before taking any decision or step in the direction of getting separated, it is advisable to first and foremost be clear about what you want out of the relationship. There has obviously been a lot of deceit and dishonesty. Will you be able to overcome the same and forgive your wife? If not, its better to separate now as once you forgive her and/ or resume relations with her then you cannot obtain Divorce on the ground of adultery.

Considering the facts of the case, you can even file for nullifying the marriage on the ground of fraud and misrepresentation if you have adequate proof.

Radhika Mehta
Advocate, Mumbai
484 Answers
4 Consultations

5.0 on 5.0

You can file a divorce with mutual consent without ailmony. If you file contested divorce and prove her character less then you don't have to pay ailmony. You can prove that the child is also not yours and illegitimate.

Prashant Nayak
Advocate, Mumbai
27247 Answers
88 Consultations

4.4 on 5.0

1. If you decide to get separated then there are two ways-mutual and contested divorce. Mutual Divorce is possible only if there is a positive agreement between spouses on all outstanding issues such as alimony, etc and it takes only 6 months in contrast to contested divorce which takes at least 18 months.

2. If she does not agree to contested divorce then you can file a petition for dissolution of marriage on the ground of cruelty and adultery. You will have to prove the extra marital affair of your wife through cogent evidence. Since she has aborted it will be next to impossible to prove her adultery without any other evidence that you may find.

3. She may file cases under 498A and DV Act against you to claim maintenance and monetary compensation on the basis that you have subjected her to dowry harassment. If and when a FIR gets lodged against you then apply for anticipatory bail.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

Though it is wrong and a criminal offence under section 497 IPC, you should have substantial evidence to prove the commission of the said offence.

Mere chats or phone call recodings will not be sufficient to prove the commission of offence.

However you may either pardon her on an undertaking to assure that she will not indulge in such activities in the future and start living a fresh life or plan to dissolve the marriage by mutual consent divorce or contested divorce.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

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