• Divorce from characterless women

hello sir,
 i am govt  employee working  far away from my home and stay near my office in rent. my wife lives with my family member at home . one night about 11 pm my sister called to me that i have seen any man to enter your room with your wife and room is closed inside. i told my sister to close room outside. and inform my big brother who lives in another house in front of my house. my brother went to police station and come back with three police man and inform his freind and two neighbour saying that a thief has been entered in my house. my sister, brother, bhabhi , brothers friend , three police man and  two neighbor came to my wife's room and knocked the room but they did not open the room. then they broked the window of room and all of them seen that my wife was in bed with another man in naked condition.
then they came out from room and police arrested her boyfreind. both of them accepted physical relationship for long. since i live very far from my home i reached at morning. then we filed an FIR against her boyfreind stating that he came to my wife room unauthorized and caught red handed in compromising manner with my wife. but pollice pressured us to state that her boyfreind run away after the case and police arrested him in another place. police told us that police evidence is useless in court and police walo ko beech me mat lao. later police filed challan in court and we got certfied copy of all statement of evidences. evidences statement is right as it was told but my wife statement is that after finishing house work she went to her room and forgot to closed the room inside. at that night when she waked up there was another man in my room.and the door was closed inside .then her boyfreind was trying to rape her she shouted and family member came to my room and arrested her boyfreind. which is false statement given by my wife to safe her. but i know the reality. now i want to get divorce from her on adultery basis. because she is not ready for mutual consent divorce. she want alimony and property of me. but i dont want to give her any thing. because she cheated me and characterless.how to prove her charaterless. is eye witness enough to prove her characterless. how long will it take. what will be the result for it. what if blame us for domestic violence and dowry case. what to do. i am helpless. kindly guide me. she will not accept her relationship with her lover in court. and she can also say to get divorce husband and family member has planned us. how to get divorce fro
Asked 1 year ago in Family Law from Raipur, Chhattisgarh
Religion: Hindu
1) you can file for divorce on grounds of mental cruelty and adultery 

2) the fact that your wife was found in compromising position with another man is sufficient to prove adultery . your sister , brother statement would be sufficient to implicate her 

3) wife who has committed offence of adultery is not entitled to any alimony . maintenance . 

4) FIR filed  that wife was found in compromising position is  evidence of adultery . you can file complaint under section 497 of IPC against the boy friend . 

5) if however if you have changed your statement before  police then you wont be able to prove adultery 

6) if other witnesses have corroborated your wife statement you wont be able to file for divorce on grounds of adultery 
Ajay Sethi
Advocate, Mumbai
23302 Answers
1220 Consultations
5.0 on 5.0
1. File a case of adultery against her boyfriend u/s 497 IPC.
2. On this ground file a case of divorce.
3. If she is unemployed then you have to make provision for her maintenance but do not succumb to any unreasonable demand which she may claim for out of court.
4. let her roam around court to get her rights. After sometime she would become ready to compromise at your terms.
Devajyoti Barman
Advocate, Kolkata
5231 Answers
54 Consultations
4.9 on 5.0
Hi, as provisions of Hindu marriage act if any spouse has voluntarily sexual intercourse with another man/woman than you can file a divorce on this ground only.

2. You have a eye witness in your case so you can prove your case very easily before the court.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1. Since your wife has given a different version of the incident before Police from that of others, you can file a complaint against your wife's paramour and in Interpreting Section 497, the apex court said, "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."

- Woman can't be punished for adultery: SC Woman can't be punished for adultery: SCAgencies : New Delhi, Fri Dec 02 2011.

The Supreme Court today said a woman in an illicit relationship cannot be punished for adultery despite being an abettor in the crime though the husband is liable for punishment.

A bench of justices Altamas Kabir and R M Lodha quashed the case of adultery registered against Kalyani by another woman Sailaja who alleged that her husband was in a illicit relationship with the former.

Though Kalyani had challenged the registration of case against her by police under sections 497 (adultery) and 341 (wrongful restraint), the Andhra Pradesh High Court dismissed her plea, following which she appealed in the apex court.

Interpreting Section 497, the apex court said, "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."

The court said the provision is currently under criticism from certain quarters for showing a strong gender bias.

"It makes the position of a married woman almost as a property of her husband. But in terms of the law as it stands, it is evident from a plain reading of the section that only a man can be proceeded against and punished for the offence of adultery," it said.

"Indeed, the section provides expressly that the wife cannot be punished even as an abettor. Thus, the mere fact that the appellant is a woman makes her completely immune to the charge of adultery and she cannot be proceeded against for that offence," the court said.
2. You can not file a case against your wife for adultery as held by the SC in its order dt.02-12-2011.
3. Try to gather photographic, telephoncic and/or audio tape evidences of your wife's illicit relationship.
4. If you are sure of the collection of proper evidence against your wife, use the same as ground for taking divorce.
5. If adultery is proved against her, she can not claim alimony.
6. She can not claim any property rights from you.
7. Better to convince her to accept for mutual consent divorce.
Shashidhar S. Sastry
Advocate, Bangalore
1242 Answers
59 Consultations
5.0 on 5.0
1. You have committed a blunder by saying that the other man ran away and the police had arrested him later on,

2. You have admitted that you could not catch him redhanded which gave your wife an escape route,

3. You shall have to search for further evidence to prove her infiedility,

4. Please note that women can not be charged with adultery as per our law. It is thought to be committed by men only. Women can be charged with cruelty being infeidel,

5. File a divorce suit immediately on the ground of cruelty with the evidence you already have. Also try to tape record her confession about that night's incidence which will be of great use for you to prove your allegation,

6. After the recent order passed by the Supreme court, police will not make any arrest with out making any investigation against her any complaint u/s498A of IPC. Since the local is aware of the matter, they will not take any cognisance of her any future complaint against you,

7. Let your mother and Bhabi file DV case against her,

8. You can also file a police complaint against her for threatening you to stop her in futher conducting her said infiedility.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
232 Consultations
5.0 on 5.0
Hello,

1) You can file for divorce against your wife on grounds of cruelty and include her having physical relationship with another man as an act of cruelty. The witnesses and the FIR that you filed can  come in your aid in establishing the crime.

2) It was unwise though to change the version before the police as this will weaken the criminal case. The woman in an adulterous relationship is held culpable and no punishment is prescribed in law.You can file a case of adultery against her boyfriend and get him convicted.

3) Eventually if her adulterous relationship is proved in the court you can also be dispensed with the liability of having to pay an alimony or maintenance.If she is unemployed you will need to pay interim maintenance till divorce is decided, if she applies for maintenance.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
1. It was illegal on the part of the police to arrest your wife's boyfriend even if he and your wife were found to be naked in your bedroom. Be that as it may, it does not impair your rights against your wife.

2. You can file for divorce against your wife on the basis of adultery. 

3. You may also file criminal charges for adultery against this man.

4. Since your wife has committed adultery she is disqualified from getting alimony.

5. Eye witness account is sufficient to prove your wife's infidelity.

6. We cannot predict the result of the case. How long it will take for you to get divorce depends on the pendency of cases in the court concerned. 
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
Hi, If she given a statement before the police that her boy friend has tried to rape her then why police has not registered rape case against her boy friend immediately.

2. Secondly, as per the legal notice of the advocate you are planned to rape her through her boyfriend in order to get divorce then what prevented her to file a compliant in the police station for attempt to rape and she can lodge police complaint against to all of your family members.

3. So you have a good case on merits file a petition for divorce and eye witness are sufficient to prove your case. 
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1. She is an extremely clever lady and is being guided by legal advice,

2. You have already admitted that her boy friend could not be caught red handed and was arrested lateron,

3. Her boy friend will never accept about his having physical relationship with her since in that case it will be an admission of an offence punishable with jail term,

4. Since all the witneses are your relatives, she can very well claim that you have arranged for the incidence to harass her,

5. Let the case filed by the police continue,

6. Meantime you wait for furher evidence of her cruelty and infiedelity.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
232 Consultations
5.0 on 5.0
1) you have to engage local lawyer and reply to legal notice 

2) deny all allegations and mention that your wife was involved in adulterous relationship with her bf 

3) file case of adultery against her boy friend

4) statement of eye witnesses will help that try found your wife in compromising position with another man. 

5) statement of her lover will help you in making out a case 
6) file for divorce on ground of adultery 
Ajay Sethi
Advocate, Mumbai
23302 Answers
1220 Consultations
5.0 on 5.0
As I stated earlier insist on pursuing the case u/s 497 IPC and divorce proceeding in this ground.
Such false charges levelled by your wife has no merit.
Devajyoti Barman
Advocate, Kolkata
5231 Answers
54 Consultations
4.9 on 5.0
1. She will say that the case is false to save her skin. 

2. Her boyfriend will not accept his relationship with her as this will expose him to criminal charges. 

3. If you received a lawyer's notice from her lawyer then file your reply through your lawyer. 

4. You do not have to face her and her advocate. Your advocate will face them in the court. 

5. She can file charges of rape (which she has already hinted at), assault, etc. You will be given sufficient opportunity by the court to defend yourself. 
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0

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