• Wife's legal options after husband commits adultery

Background: I come from a wealthy business family. My mother has found out that my father has committed adultery on multiple occasions. She has sought my help to resolve the situation (all options are on the table from her side).

What I require: An understanding of the wife's legal options under Indian law in a case of adultery. I would also argue a case of neglect by the husband. References to important judgements will be very valuable - especially with regards to alimony and financial settlement.

Important: While I understand this is a common question you will receive, please note that I will use this information to persuade my father to settle out of court - hence it VERY important that I show a strong case against him that can possibly lead to his financial ruin.
Asked 1 year ago in Family Law from Hong Kong
Religion: Hindu
1. Your mother can prosecute her husband by filing criminal charges for adultery against her husband if she has proof to substantiate her charge.

2. She may also seek alimony from him. The amount of financial support which she may be granted has to be decided by the court in exercise of its discretion. It may be 1/3rd of his monthly salary.

3.  Another legal recourse available to her is to seek compensation from her husband by filing a lawsuit.

4. Last but not least, she can file for divorce on account of her husband's infidelity.
 
5. If there is an agreement among your parents then they may seek mutual divorce from the court wherein they can decide for themselves the amount of alimony to be given to your mother.
Ashish Davessar
Advocate, Jaipur
18171 Answers
449 Consultations
5.0 on 5.0
1. Well, adultery is an instance of gross mental cruelty on which ground a spouse can seek intervention of court for dissolution of marriage.

2. However with the changing times the interpretation of law is also changing and in a very recent decision the supreme court hold that adultery is not enough to dissolve a marriage.

3. However the said decision has no blanket applicability.

4. In your case, your mother can apart from filing a case for divorce seek intervention of court settle her in same standard as that of your father.

5. in that event she can claim right of residence in the house of your father, right of monthly maintenance @ 1/3rd to 1/5th of your father's income. These are available under the provision of PWDV Act. She can even claim for one time compensation which may run into crores.

6. if the situation is more gorm then your mother can file criminal case u/s 498 IPC wherein your father may be even arrested by Police and put behind bars.

7. So on this fact situation you can pick your choice.
Devajyoti Barman
Advocate, Kolkata
5239 Answers
54 Consultations
4.9 on 5.0
Dear Querist

As per section 497 of IPC adultery is an offence 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.

on this ground the wife may file a divorce case against him due to cruelty under section 13(1)(ia) OF Hindu Marriage Act-1955 along with an application u/s 24 of Hindu Marriage Act for pendelite Maintenance and an application u/s 25 of HMA for alimony, the alimony and the maintenance can be grant by the court as per the status of the party it may be thousand or Millions 

she may file a domestic violence case against him before magistrate court u/s 12 of Protection of women from Domestic Violence Act-2005 and claim compensation. 

you can contact me over the phone after getting my detail from the admin after pay the consultation fee which is very nominal.
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
If you have credible evidence that your father have committed adultery then show him that you have committed adultery therefore my mother is bound by your act to take divorce and she is ready to file divorce petition because she has strong evidence against you. 
then read your father's expression or conduct. if he is trying to settle this issue then you can do so. you should borne in mind the legal precedent regarding woman's right of alimony.
1.  right of alimony under section  125 cr.p.c. [ no need to file divorce, adultery is sufficient cause for wife to live separately on the alimony from husband]
2. alimony under Protection of Women from Domestic Violence Act, 2005 [ no need to file divorce ]
3. file divorce on the ground of adultery
judgments:-
1. Vinny Parmar vs Paramvir Parmar [2011] : amount of maintenance fixed for the wife should be such as she can live in reasonable comfort considering her status and mode of life she was used to live when she lived with her husband.
2. In Chaturbhuj vs. Sita Bai [2008] : the personal income of the wife is insufficient she can claim maintenance under Section 125 CrPC.
3. In Bhagwan Dutt v. Kamla Devi : wife should be in a position to maintain a standard of living which is neither luxurious nor penurious but what is consistent with status of a family.
4. V. Tulasamma & Ors vs V. Sesha Reddi : It is well settled that under	the Hindu Law the	husband	has got a personal obligation to maintain his wife and if he is possessed of	properties then his wife is entitled as of right to be maintained	out of such properties. The claim of a Hindu widow to be main- tained is not an empty formality which is to be exercised as a matter of concession or indulgence, grace or gratis or generosity but is a valuable spiritual and moral right which flows from the spiritual and temporal relationship of	the husband	an wife. wife has right to claim her share in the husband's property. 
  
Shivendra Pratap Singh
Advocate, Lucknow
2760 Answers
41 Consultations
4.9 on 5.0
1) your mother can file complaint under section 497 of IPc against her husband 

2)please not ethat it is diffuclt to prove adultery

3) further lady who is involved in affair with your father wont be punished as law regards her as victim 

4)if you have evidence of your father checking in hotel with lady and both stayed in same room then you can make out a case . 

5) further photographs or videos of both in compromising position would help you to prove adultery 

6) chat messages exchanged with lady would bolster your case . 

7) your mother can file for divorce against her husband and claim maintenance and other reliefs 

8) contact a detective agency gather evidence then proceed ahead 
Ajay Sethi
Advocate, Mumbai
23334 Answers
1220 Consultations
5.0 on 5.0
1. You have two aspects in your query. One is adultery by your fater and the other is neglect,

2. Your mother can file a criminal case of adultery against your father which will send him to jail, if she had adequate evidence to prove her allegation,

3. She can file a divorce case demanding adequate amount as alimony on the ground of cruelty,

4. Meantime she can also file an application for maintenance if she is not earning,

5. The above are well settled propositions of law and there is no need for showing any related judgement as your father will be well arare of the said Sections of the Act. 
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
Hi, adultery is an offence under Indian Penal Code.

2.If you able to prove that your father has committed adultery and it is good ground for divorce.

Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
As regards the adultery committed by your father, does your mother have enough evidence to prove the adulterous nature of your father? It is advisable that your mother hire services of a detective agency which may gather information and photographs that could be submitted as evidence to prove your father adulterous acts. Please note that the evidence must relate to places and dates where your father and the other lady have met in private. Since Adultery is one of the major grounds to obtain divorce in the indian law, your mother has an option to file divorce on the ground of adultery. She may also approach the organisations working for women to seek help in this regards.

as regards the alimony and financial settlement, your mother has a right on half of the share of the assets which belong to your father. for the alimony, the streedhan is required to be returned to the lady on divorce and the rest has to be settled amicably between the parties or the court could decide on the amount of maintenance or the alimony in toto to be paid to your mother. 
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
5.0 on 5.0

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