does your friend has any evidence(phone call recording, images, video recording etc) which can prove that his wife is characterless, if yes, he had an option to file Divorce petition against his wife,

else,

try to settle the matter amicably involving elders of both families and get rid of her by filing a mutual consent divorce 

Husband should gather evidence of wife extra marital affair and file for divorce on grounds of mental cruelty and adultery 

2) wife guilty of adultery is not entitled to any alimony 

3) contact a local lawyer 

Dear Client,

You may file a Divorce Petition on the basis of Cruelty and characterlessness. Bur you have to prove this in the court. 

Leave her free and let her meet the guy , procure evidence of adultery than file divorce on the ground of adultery.

Dear Sir,

- A complaint U/s 406 IPC can be registered against his wife. Reason for that is the provisions of section 405 and 406 IPC as mentioned below:

Section 405: Criminal breach of trust; 
Whoever, being in any manner entrusted with property, or with any dominion over property, dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract, express or implied, which he has made touching the discharge of such trust, or wilfully suffers any other person so to do, commits "criminal breach of trust".

Section 406: Punishment for criminal breach of trust;
Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

- Do ensure to have valid evidence before filing the complaint

- This can be the valid cause for Divorce U/s 13 of Hindu Marriage Act

Regards

Vivek Arya

Dear Sir,

The following FAQ's will help your friend:

My wife or her family is threatening to file 498a and they are very abusive. What should I do? 

A. Safeguard yourself, your parents and your relatives.
1) Be very polite in all circumstances. Record all conversations (voice, chat, email, letters, etc.) with those threatening and keep the originals in a safe place. Never produce the originals before anyone, not even before your lawyer. You can buy Olympus W-10 voice recorder, which costs about Rs.4500. You can also buy a telephone recorder.
2) Write a complaint to your nearest police station, detailing about blackmailing, her false allegations and her unscrupulous behavior. And request in your complaint to make her stop the threats and abuses immediately. 
3) File RCR (Restitution of Conjugal Rights). Remember to include conditions that she should agree on before she starts living with you again. 
4) Collect evidence to prove that you have neither demanded dowry or have taken it anytime.
5) Collect evidence to prove that she moved out of the bond of marriage for no apparent reason.
6) If she does not already know, make sure that she does not come to know that any of your family members is an NRI. 
7) Don't remain home during weekends and holidays. Have proofs of where you were. For instance, if you were in a mall, have a credit card transaction in that mall and keep the copy of that transaction.

First my wife filed 498a and then she filed Domestic Violence (DV) act. What should I do? 

A. Appeal to high court for the stay of DV act. As long as 498a is ongoing, DV act application is not valid, and stay till the time high court petition is disposed off.

My wife has filed complaint against me and family. The FIR is not yet filed. It is at complaint stage. Police has called me to police station what should I do? 

A. One of the common mistakes most 498a victims do is they go the police station not knowing that 498a is already filed. As soon as they walk in, they get arrested. So, better, send your lawyer to find the details. We have heard that bribing the police to get info about FIR works well. As soon as the FIR is registered, go underground and apply for Anticipatory Bail. Going underground doesn't harm your case.

My wife complaint against me under 498a? What should I do? 

A. First, get bail application in court. If the police couldn't arrest you, do not surrender to the police. Second, keep collecting evidence. You have to create your evidence for innocence. Start to counter charge them and start making your story. Start writing letters to the President, the Prime Minister, media, human rights organizations, etc telling them of the misuse of the law.

I know that my wife is going to file 498a against me and my relatives? Can I apply for anticipatory bail now? 

A. You can apply for anticipatory bail only after your case goes into CAW cell.

Q. Should I obtain Anticipatory Bail or should I wait until the FIR is lodged and obtain a regular bail? 
A. Well it depends. Anticipatory bail costs significantly more than a regular bail. An anticipatory bail could cost you Rs 25,000/ and upwards whereas a regular bail would cost somewhere around 3000/-. If you obtain an anticipatory bail you never have to go to jail whereas for getting a regular bail you may get jailed first and then your lawyer applies for a regular bail and if the application is accepted, you get you out of jail. So it is up to you to decide whether you go for an AB or a regular bail. Moreover for obtaining an anticipatory bail you may have to prove in front of the judge that you are expecting a FIR to be lodged against you.

I think that I should go for divorce instead. Is it a good idea?
A. Don't make the mistake of filing for divorce. You will land up in a lot of legal problems. Apply for divorce only after you get RCR in your favor or after you get an ex parte decree on your RCR or mental cruelty is as extreme as mentioned in http://judis.nic.in/supremecourt/qrydisp.asp?tfnm=28609

I'm very worried about my parents. What should I do to protect them?

A. Disown them legally: ask your family members to give legal notice by way of affidavit in two newspapers. Ask them to produce the newspapers before the Circle Inspector and Investigating Officer before and when they come to arrest them. If your family members are still arrested, produce the newspapers at the time of applying for anticipatory/ regular bail. 
Show up a smiling face to them. Your happy face will provide them the strength. 

Q. My wife or her family are demanding money, joint property, joint account, separate accommodation, jewels, etc. and threaten, directly or indirectly, that they will file 498a if their demands are not met. What should I do? 
A. Don't meet their unreasonable demands. It usually doesn't help. It will rob you of your hard-earned money that you need to spend on lawyers later. If you lose it now, you will not have anything to fight your case later in court and you'll become almost a bonded labor. 
If you still need to pay them money, pay it as an explicit loan and only by cheque so that you have a record of the transaction. 

Q. We went to the police, but they didn't write down what I stated verbally. What is the solution? 
A. Simple. Write a complain letter yourself and submit the same in police station and get "received stamp" on xerox copy. If the police refuse to give a stamped copy, address your complaint letter to the "police officer in-charge, local area" and mention at the end of the letter that it is CC'ed to the SP. Then submit it to police. They are bound to take that and act on it. If they still do not give you a stamped copy, send it to the police by registered post and retain the acknowledgement.

I fear that if the police take any action on my complaint, my wife will lodge 498a immediately? Should I still submit the complaint? 

1. A. Yes. Simply tell the police not to act on it. Even if they say they will act on it, they will not (99.99%).
2. When station in-charge of police station does not register the case, what can I do? 
   A. You have the below options.
   1) Try to get the reason for not registering the complaint in written.
   2) Approach SP of district. 
   3) Approach media.
   4) Approach local heavyweights, NGOs, human rights activists, etc. 
   5) If any of the above does not work or you do not want to take these approaches, then the last and final solution will be to approach the court. Please read the judgment below which clearly states what you can do if police does not register your FIR.

1) Your friend can make complaint against that boy under section 497 IPC and prove it collect this as evidence.

2) Than later on file divorce case against his wife under adultery ground.

The only option available to your friend is under section 497 of IPC where the adultery is made by his wife he has to file a complaint in police under section 497 also please be aware that this section is not punishable now after the supreme court order in this regard and then he can file a divorce petition on the same ground in the court to get the divorce in case of divorce maintenance is not allowed by the court where adultery is one of the basis

1. This marriage seems to have broken and if that is so then there is no need to run after it.

2. Rather put a proposal for amicable settlement of this and on making a payment of permanent alimony which is most likely the marriage can be dissolved by mutual divorce.

3. Since the lady is exposed now she out of sheer desperation to save her image may file criminal cases soon which can be averted only of they go for mutual divorce.

See your friend in case he is muslim by religion can give divorce to his wife on ground of adultery through qazi and can divorce her.

Further to contest the false allegation he can present the proof adultery and further can file quashing on ground that allegations are false.

He can file a Divorce against her. He can oppose the maintenance application stating her to be characterless

You must be having solid proof of the extramarital relationship between your wife and the person. File a divorce petition against your wife on these grounds and her false allegations would be useless.

Regards 

There is a law provided under the hindu marriage act to take divorce if spouse has extra marital affair. You can file divorce on the ground alone and obtain a decree or divorce against your wife. 

1. Your friend should collect evidence of his wife's adultery and then file a petition for dissolution of marriage on this ground. Unless he collects evidence of adultery his allegations will remain like a thin balloon of air which would burst at slightest touch.

2. Once he collects evidence of adultery he will be well equipped to contest all false cases that she may file.

If he's having proof of her wife extra marital affair, your friend should immediately file a divorce case abaiaga her wife. Taking the first move in the matter will give him leverage upon her wife, and this way he wjll be protected even if her wife later goes on file some false and fabricated cases against him and his family.

1. As per the information mentioned in the present query, makes it clear that your friend is been harassed for something which his wife should have been made harassed for her adultery over him.
2. Your friend first as soon as possible try to fetch some evidences of her adultery after marriage.
3. As we have no idea as to when she may file any false cases also on your friend and his family.
4. So, once he can prove her adultery then he would also be able to go for the divorce petition on the ground of adultery and then he won’t be asked by the court also to pay a single penny to her.
5. And the same can be used by him to defend his case, if she happens to file any false case against him.

Even though the fact is that his wife is into an adulterous life, unfortunately he canot file divorce case within one year from the date of his marriage.

Therefore he may live separately away from her for the present.

Let him remain silent for the present without toking any action on this.

Later on, after completion of one year he may think of filing divorce case.

Let him not talk to her parents because that may provoke them and they may slap false cases on him on dowry harassment etc.

He can take proper action at right time when time ripens.