• My Husband cheated on me

Maam, My husband is cheating on me and I caught him red hand. I have proofs. I want to know if I can legally punish him
Asked 5 years ago in Family Law
Religion: Hindu

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23 Answers

Cheating in what sense? Misappropriation of property, breach of trust, offence of bigamy or only adultery? 

If only adultery, then you have the civil remedy of divorce, but can't criminally prosecute him. 

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1546 Answers
5 Consultations

4.4 on 5.0

You can just ask for a legal divorce from your husband on ground of adultery you can seek maintenance from him.

Further if there is cruelty a complaint of domestic violence can be filed before the magistrate.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

See adultery law is struck down by Supreme.court and now it is not punishable offence.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

You can only seek divorce from him, on the ground of his extra marital affair.

Adultery is no longer an offence in India. 

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

1. Adultery is no more a crime as per section 497 of IPC and hence no criminal case be filed against him anymore.

2. However on this basis you can apply for divorce and seek maintenance under PWDV Act.

3. If he is repentant for his first act of  indiscretion and is ready to reform himself then you can think of forgiving him and work out this marriage afresh.

Good luck.

Devajyoti Barman
Advocate, Kolkata
22815 Answers
488 Consultations

5.0 on 5.0

You can get divorce plus alimony and house but no conviction of husband or anybody else, paralyse your husband by snatching his wealth and house

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

file for divorce on grounds of adultery and mental cruelty 

 

also file DV case against husband seek maintenance , protection order , right to stay in matrimonial home and compensation for mental torture undergone by you 

Ajay Sethi
Advocate, Mumbai
94691 Answers
7527 Consultations

5.0 on 5.0

mere having chat conversation with girl does not prove adultery . 

 

to prove adultery you need circumstantial evidence . 

 

if husband has stayed with girl in hotel room it would be sufficient to prove adultery 

 

 

Ajay Sethi
Advocate, Mumbai
94691 Answers
7527 Consultations

5.0 on 5.0

you can file a case of divorce against him on the ground of mental cruelty and adultery,

moreover, if you want, you can claim maintenance from him and also can file Domestic Violence (Mental Cruelty) complaint against him.

 

Suneel Moudgil
Advocate, Panipat
2381 Answers
6 Consultations

4.8 on 5.0

1) You can file adultery case against your husband, now you have to decide you get divorce or wants to live separate from him.

Ganesh Kadam
Advocate, Pune
12926 Answers
255 Consultations

4.9 on 5.0

Dear client,

Extra marital affair of husband not a criminal offence but just ground of divorce and claim alimony for both you and child.

Yogendra Singh Rajawat
Advocate, Jaipur
22630 Answers
31 Consultations

4.4 on 5.0

You can file Divorce as adultery is not a criminal offence now.

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

You can take contested divorce from your husband for his acts U/S. 13 of the Hindu Marriage Act 1955, which is reproduced hereunder:-

"After marriage, voluntary sexual intercourse with any person other than his/her spouse".

Shashidhar S. Sastry
Advocate, Bangalore
5108 Answers
314 Consultations

5.0 on 5.0

Dear Madam,

You may be advised to first file a police complaint as according to S.497 of IPC it is an offence. it would also help as evidence in the divorce battle.

The requirement primarily for you would be to keep all the evidence safe or gather them if you don’t have them. One can a file for divorce on grounds of adultery. 

Divorce can be filed under 13 1 i of Hindu marriage act and for other religions there are similar sections if the said parties are governed by a different religion or act.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

- Only conservation with an another woman is not enough evidence for proving the same and further you should not try to punish him without informing him.

- Further , now Adultery is no more offence but you can take divorce on this ground and also can claim maintenance for the said cruelty.

- Better ask him for an end of the said act and give a warning for the legal action.

Mohammed Shahzad
Advocate, Delhi
13211 Answers
198 Consultations

5.0 on 5.0

Having an extramarital affair is not a punishable offence and he cannot be punished for the same. It is a ground for divorce and alimony and maintenance and that can be granted by the court in case you wish to proceed ahead.

Regards 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Dear Madam,You can punish him in many ways. You can even take a divorce legally with big alimony

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

There are multiple ways to address this situation. Firstly you need to decide if you wish to continue in this relationship and seek counselling to mend the behavior of husband and live a happy married life.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

You can file divorce on grounds of adultery but you need to prove in court about his relationship affair. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

No punishment for cheating done either by husband or wife, it can be considered as an act of adultery by which you can file a divorce case with proofs to prove that but no criminal action can be initiated for the acts of adultery,

 

T Kalaiselvan
Advocate, Vellore
84892 Answers
2190 Consultations

5.0 on 5.0

You cannot punish him for his extra marital affairs or acts of adultery even if you have substantial proofs or evidence because it is not a punishable offence 

T Kalaiselvan
Advocate, Vellore
84892 Answers
2190 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that you have all the proofs to prove his adultery.
  2. But, let me tell you that there is no criminal provision to punish the man for adultery except to use the same as a ground for divorce.
  3. So, you can go for divorce and seek alimony and maintenance for the child permanently till he or she attains the age of majority.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

Please contact the forum if you wish to connect me

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

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