• Adultery

Hi.. we both are in age of 40 / 35 & having a child of 4 years old. We got married in 2010 & in a relationship since 2005. It was a love marriage & there was a lot of ups & down in our love / marriage life. Well every marriage has some issues / concerns. We live most of the times apart like an average of 01 month separate in a year. My point is can I file a case against my wife under adultry crime ? Recently around Nov 2018 I caught her sleeping around / vacations / nightouts / hangout’s with her colleague (a 27 year old male who recently got married too) but the extra marital affair was going on since 2017. She admitted all & confess as I have enough of pics / chat / email communication / hotel bookings. Can all these evidence help me to file a divorce case against her & also will adultry law can help me to get my child custody. Can she claim / ask for alimony? Also she supported me financially in past as I was not having a regular job & this time I am also unemployed as I was in stress / depression. She asked me to forgive her which I did as it was not easy for me as I loved her my whole life & recently again I caught her chatting / talking / meeting with the same guy. Now that guy has move to overseas (not sure) as per her words & asking again me to forgive her. Also tell me if I can sue that guy too..? I admit that there were ups & down in our marriage life & I was less active in sexual relationship due to our routine fight but I didn’t had any affair with any other woman in my whole life. Kindly suggest on what grounds I can sue her & the more important is to get my child custody. Plz suggest me the right way to get revenge.
Asked 5 years ago in Family Law
Religion: Hindu

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15 Answers

You and file for divorce on grounds of adultery and cruelty by wife which is valid for divorce under section 13 of Hindu Marriage Act.


Also, you can file a petition seeking custody of a child by showing the conduct of the wife to the court and by proving that she is unfit to take care of the child. any incident which proved that she was negligent taking care of the child would also help you in this case.


You would not be liable to pay any maintenance or alimony amount to her, if the charges of adultery are proved against her.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

Dear Client,

Adultery no more a crime, so you can`t prosecute the boy but valid ground for divorce and denial of maintenance. And adultery is not of much consideration while ordering custody except if adversely impact child growth.

Yogendra Singh Rajawat
Advocate, Jaipur
22698 Answers
31 Consultations

4.4 on 5.0

See you can file a divorce on ground of adultery and cruelty yes these evidences will help you .

See if she is working and on ground of adultery by her maintenance application can be contested.

You cannot sue the boy he can be made party in divorce. 

Further for the welfare and better keeping of child you can claim custody of the child.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

you can file a petition for divorce on basis of adultery. you cant file criminal complaint for adultery now as it is decriminalized.

Prashant Nayak
Advocate, Mumbai
32146 Answers
183 Consultations

4.1 on 5.0

1) you cannot file caseof adultery against her lover as adultery is no longer a offence 


2) you can file case of divorce against your wife on grounds of mental cruelty and adultery 


3) make her lover co Respondent in divorce case 


4) you can seek joint custody of your child

Ajay Sethi
Advocate, Mumbai
95146 Answers
7597 Consultations

5.0 on 5.0

Dear Sir,

Yes, you can file a case of adultery against that guy. Adultery is an offence defined under section 497 of the Indian Penal Code 1860. 

No , a person cannot file a criminal case against his wife and her family on the ground of adultery but surely he can file a case against the the person his wife is in relation with .

Our law makers at the time of making these laws were of the mind that a women cannot seduce so the law was made according to that situation .

This was the ground for taking a divorce but the same problem was faced there so an amendment in the Hindu Marriage act was replaced in the sec 13 with “voluntarily sexual intercourse other than the spouse” with these words .

Yes, you can file child custody case in family court and get your children to your custody

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

you can file divorce. Adultery is a ground for divorce and having enough evidence will also help.

get yourself a better job with regular income do not rely on wife's income or alimony in rarest cases alimony can b granted to husband for damages but it isn't a law.

you can file for child custody also depending on the age of the child if above 8 years then the court may ask the child who he/she wishes to stay with.

Amrita Veer
Advocate, Greater Mumbai
16 Answers

Not rated

you may not like my answer, but the top most court has stated no matter how cruel the wife is husband needs pay alimony and house to wife, it needs to be dealt very carefully or else you will go round and round with no reliefs

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0


It would be my suggestion to patch up the things, if possible I. e. in other words forgive her and have a plan for future of your child. 

            You can surely file a divorce petition under adultery, but to be factual its very difficult to prove and also time taking.

Evidences just narrated by you needs to be identified how effective are.

You can approach a lawyer of kanoon.com for phone/face to face  consultation for more effective solution. 

Anand Shukla
Advocate, New Delhi
666 Answers
14 Consultations

4.9 on 5.0

Dear Sir,


- Adultery can be the ground to divorce however doesn't come under any crime as per new Supreme Court ruling on the petition filed at Supreme Court against 497 of IPC.

- You can file the petition U/s 13 of HMA 1955 for Divorce.

- Above are basic guidelines to proceed with, however, further steps can be advised after having understood the evidence and in hands documented proofs.





Vivek Arya

Retired Lawyer
Advocate, Gurgaon
767 Answers
6 Consultations

5.0 on 5.0

Dear sir, 

I am summing up your issues to make my advice clear to you.

1) whether you can get the divorce on the ground of adultery?

2) whether you can get the custody of the child, where you are currently unemployed?

3) whether you can sue the man for the adultery?

Coming directly to the answers to the issues.

1) Whether you can get the divorce on the ground of adultery?

YES, you can get the divorce on the ground of adultery, subject to the cogent proof you have. Its a ground under section 13(1) of hindu marriage act.


2)whether you can get the custody of the child, where you are currently unemployed?

Maybe, As per the law child  below 6 years are to be under the guardianship of the mother. But, we can prove in the court that the lady is such as that the benefit of the child cant be assured. And if the child wants the guardianship can be decreed in your favour.


3)As per  the recent judgment of the supreme court which is Joseph shine vs union of india, the adultery law has been strucked down by the supreme court. so you cant sue the person on the charge of adultery. But, we still have many options where he can be held liable. 

Hope that solves your query.








Yuganshu Sharma
Advocate, Delhi
433 Answers
1 Consultation

5.0 on 5.0

1. Adultery is no longer is nbo longer considered as a crime under IPC as per the decision passed by the Supreme Court.


2. However, you can file divorce suit on the ground of  cruelty caused by her adulterous relationship.


3. It is to be noted that mere talking, chatting or meeti ng does not amount top adultery. You shall have to prove their physical relationship to claim adultery on her part.


4. Since employed, she is not entitled to qany maintenance from you in the given circumstances.


5. You can not sue the other person as per law.


6. You can seek child custody for child's welfare but for that yiou shall have to prove with evidence that you are capable of maintaining your child by yourself. 

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

it is a valid ground to file divorce but at first affairs must be proved before the court. If it proves successfully than court has to passed divorce petition in favour of husband. 

some time court may give custody of the child to mother if child is very young. If you show to the court that you can look after the child very nicely than your wife than court may not give custody to her and pertaining to maintainence if it is rejected she can challenge it.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Dear sir 

You can file divorce case on her on basis of adultery. As you have all the evidences against your wife you can easily get the divorce.

And also you can evict the maintenance on the basis of adultery. Under section 125(4) of CrPC 

But adultery is no longer a crime as supreme court of India has make sec 497 IPC unconstitutional. But you can make the guy punished by sending the evidences to his wife. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

If you hav evidence to prove her adultery then you can file a divorce case  on the grounds of adultery.

If the court is granting you divorce on the same grounds, then you can repudiate her claim for maintenance  on the same grounds.

You can also safely seek the child custody on the same grounds and if court is convinced then you can get the child custody also.

However you cannot take any criminal action against her paramour for his acts of adultery with your wife.


T Kalaiselvan
Advocate, Vellore
85348 Answers
2227 Consultations

5.0 on 5.0

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