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.
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
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
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
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.
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.
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
WE have tried a lot i just want to know the lover can be legally punished
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
Wife guilty of adultery is not entitled to any maintenance
with evidence in your possession you can get divorce from your wife
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.
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.
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.
The only remedy for you is to seek divorce. Adultery is no longer an offence, so the question of punishment doesn't arise
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
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.
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.
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.
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
In consensual sex there is no punishment. 497ipc has been scrapped by SC . On adultery ground you can file divorce only
Adultery is no more an offence in India.
The only viable option for you is to eek divorce from your wife.
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.
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
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.