• Adulterous wife

I m married with two kids last 5 years my wife keep a in physical relation with one young boy and they dont stop contacting on whats app today she left for mumbai and kept phonr off is tgheir any way we can legally stop without divorce as my kids will suffer 

we from goa and she feel that she will get half of my property i hasve all their video pictures aduring intrecourse how i can stop this
Asked 6 years ago in Family Law
Religion: Hindu

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22 Answers

You can very well file a divorce case against your wife provided you have sufficient evidence with you but my suggestion would be if that first talk to your wife and if things works out then settle the matter amicably. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

See there is no other penalty for wife or lover under indian law as 497 ipc is scrapped by supreme court , you cannot force her to stop so best way is to give divorce on ground of adultery and take custody of your children and take good care of them.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

There is no way out to stop her you can ask her,can talk to family but only chance is you file divorce and she ask.final chance and can promise to stop this 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

No case of adultery can be filed against her lover as adultery is no longer an offence 

 

2) you can file for divorce on grounds of mental cruelty and adultery 

 

3) seek sole custody of your children 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Wife guilty of adultery is not entitled to any maintenance 

 

 

with evidence  in your possession you can get divorce from your wife 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Her lover would  not be punished as adultery is no longer an offence 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

No the lover can not be legally punished after the recent Supreme Court judgement on adultery.

However it will be a strong ground for divorce and the petitioner spouse/husband will be free to pay any maintenance alimony after divorce.

 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

1. Adultery is no longer a criminal offence as Supreme Court has struck down Section 497 IPC as unconstitutional. So your wife is free to live with her lover. You cannot stop her. None of them can be criminally prosecuted, let alone punished.

2. The utmost you may do is file a petition for dissolution of marriage on the ground of adultery. If you have pictures which even show her having intercourse with that guy then you have a good case. 

 

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

1. Do not keep this adulterous wife anymore. You will get only sufferance and agony of she does not reform herself anytime soon.

2. Give a her an ultimatum to get corrected in a time limit and if she does not then file a suit for divorce on the ground of adultery.

3. The proof you have is enough to get decree of divorce as well as avoid maintenance to her .

4. if you wish you can refuse to part with physical custody of the children. Talk to your in laws and on production of the proofs seek their intervention to resolve the crisis.

Good luck. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

The only remedy for you is to seek divorce. Adultery is no longer an offence, so the question of punishment doesn't arise

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1590 Answers
5 Consultations

Try to settle the matter amicably with the help of neat/dears, with your wife,

but, the settlement seems almost impossible, as per the facts revealed by you,

therefore,

divorce on the basis of adultery is the only option available to you

adultery is no longer a crime

but

a ground for divorce

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

1) You can file case against both of them and plus boy can be punished under section 497 of IPC.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Section 497 of the Indian Penal Codewas a section dealing with adultery. ... Only a man who has consensual sexual intercourse with the wife of another man without his consent can be punished under this offence in India. If someone "lives in adultery", the partner can file for divorce.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Dear Sir,

Yes you can file a case against that boy u/s 497 and 498 in a police station.

There are few scenario’s which are to be considered while considering the crime and punishment.

  1. Married man(A) having affair with another women, who is married and staying with her husband(B). In that case, the B can file the case of adultery against A.
  2. Married man(A) having an affair with another women, who is either unmarried, divorced or widowed. In this case no crime has happened.
  3. Married women (MW) having the affair with another man(A), irrespective if he is married or not, then the husband of married women can file the case against A.

Now coming for the crime, the case is registered only on the man and not against the women. So there is the punishment only for man. If the man is married, then the punishment is minimal.

Generally, adultery or extra marital affair is seen as the moral wrong.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

No after SC declared 497 IPC unconstitutional no steps against lover can be taken.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You can prosecute them in criminal prosecution of adultery as it is scraped by supreme court .Now you can only file divorce against her. You can deny alimony proving her adulterous

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

In consensual sex there is no punishment. 497ipc has been scrapped by SC . On adultery ground you can file divorce only 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Adultery is no more an offence in India. 

The only viable option for you is to eek divorce from your wife. 

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

You may take help from a Counsellor, maybe that will change the perspective of your wife.  

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

On the basis of the strong evidences in your possession, you may file a contested divorce against her on the grounds of adultery.

You are worried about your children, whereas you never thought about their life getting spoiled while their mother indulging in the adulterous activities in the presence of them.

You should not allow the children to have a mental impact due to their mother's immoral activities.

You may decide about it at the earliest.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Her paramour nor she can be legally punished for their act of adultery.

Even the supreme court has given judgment that the acts of adultery is no more a crime

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Dear sir

The boy cannot be punished for adultery as honourable supreme court has waved of  Section 497 of adultery. 

But in my opinion y oi u should file the divorce on basis of adultery. In this case there are chances that your wife not even get single penny of maintenance from court. 

And about property there is no provision in Indian legal system that wife is entitled for half of husband's property only thing she can get from husband is maintenance for herself and for children.

But in this case the custody of children can be given to you as you hve proof of her bad character.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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