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.
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
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I am married since 2003 and my daughter who is 14yrs old, caught him having nasty conversations with a women working with him in August 2018. I have the proofs of the conversation he has had with that women. I want to legally punish him. Please let me know what is it that I can do about this
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.
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.
You can only seek divorce from him, on the ground of his extra marital affair.
Adultery is no longer an offence in India.
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.
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
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
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
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.
1) You can file adultery case against your husband, now you have to decide you get divorce or wants to live separate from him.
Dear client,
Extra marital affair of husband not a criminal offence but just ground of divorce and claim alimony for both you and child.
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".
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.
- 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.
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
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.
You can file divorce on grounds of adultery but you need to prove in court about his relationship affair.
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,
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