• Extra-marital affairs

I have married almost 2.5 yrs & we have a arranged married with my father's friend family. After marry to my wife we are very much happy. But recent 7/8 months my wife behavior has changed. Previously she has worked under criminal advocate. But last 1.5 yr she has joined a company as law officer for civil matters. Any way, last 7/8 months his behavioral work has changed. I had got that she has an affair with some her office colleague & he also married. last 1 months she has rude behavior with me & my family. My question is what can I do now?

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Asked 5 years ago in Family Law
Religion: Hindu

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18 Answers

See if you have proof of her adultery you can seek divorce from your wife on ground of adultery. 

You cannot file any criminal case against them just divorce can be sought on this ground.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Gather evidence of her extra marital affair 

 

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

 

3) wife guilty of adultery is not entitled to any maintenance 

Ajay Sethi
Advocate, Mumbai
94881 Answers
7569 Consultations

5.0 on 5.0

your mail is not visible,

anyway, 

  1. if you want to remain in the matrimonial relationship, then, 

try to settle the matter amicably with your wife involving elders/relatives/friends etc and take her back, start afresh and if, failed, file Restitution of conjugal rights petition in the Court,

and,

  1. if you want to terminate the matrimonial knot, then,

try to settle the matter amicably with your wife involving elders/relatives/friends etc and go for Mutual Consent Divorce which will be decided in 6-18 months, and you both will be free to live life with your wish,

if failed, you have two options,

one option is to,

file contested divorce on the grounds of mental cruelty, adultery but it will take around 4-6 years,

also once you file contested divorce she will surely file/claim

498a complaint 

Domestic Violence case

maintenance,

so be ready for them too,

and,

the second option is to file Restitution of conjugal rights petition in the Court, to show your bonafide intentions to save the matrimonial tie, however, you can withdraw the same any time,

RCR will work as a safeguard to 498a, maintenance, DV etc 

 

Suneel Moudgil
Advocate, Panipat
2381 Answers
6 Consultations

4.8 on 5.0

Mere allegations has no substance.  If you have cogent proof of her adultery than can apply for divorce and denial of maintainance.

Yogendra Singh Rajawat
Advocate, Jaipur
22669 Answers
31 Consultations

4.4 on 5.0

Respected sir.. 

In this you have to make your mind clear either you want to be with her after forgiving her and make her convince not to do so in future and if you make your mind to be apart then you must have to proced her legally as collect evidence against her in her affair so that you can produce the same in court when in need... So the question arises is what you think... Make your mind clear and then decide... 

 

Thank you

Dinesh Sharawat
Advocate, Delhi
1263 Answers
12 Consultations

4.9 on 5.0

You need to gather evidence, and guidance from a tactful lawyers, if you need help let me know, seek consent of the forum

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

1. Ia m not sue whether you certain for her affair or is only suspicious about her due to her mis behaviour with all of you.

2. In ether case talk to her in person and try to find out her reason for being so rude towards all of you. Ask her to mend her ways and concentrate on her marital life as well.

3. If all of your efforts do not pay off then go for mutual divorce. No marriage can be worked put f one of them is disgruntled for any reason for long.

Devajyoti Barman
Advocate, Kolkata
22855 Answers
492 Consultations

5.0 on 5.0

You can file divorce on grounds of adultery and cruelty

Prashant Nayak
Advocate, Mumbai
32032 Answers
183 Consultations

4.1 on 5.0

Hi

Contents of your post might be your apprehensions.

In order to take final call about her character do not come to conclusion without proofs.

Watch and find out about your apprehension, her rude behaviour could be out of work pressure etc.

Upon confirmation of your apprehension you can take steps accordingly.

Worst case, you can hire private detective to clarify your apprehension about her so called extra marital affair.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

1. Talk to her patiently to understand what does she want and the reason for her such behaviour.

 

2. You are just guessing that she has got involved in to an extra marital relationship without any evidence.

 

3. Try to settle the dispute amicably since divorce is the 2nd most stressed event in one's life and you never know whether your next wife, if any, will be any better.

Krishna Kishore Ganguly
Advocate, Kolkata
27223 Answers
726 Consultations

5.0 on 5.0

Advocates will not directly contact you at your email.

 

You can book telephonic consultation through this portal.

Krishna Kishore Ganguly
Advocate, Kolkata
27223 Answers
726 Consultations

5.0 on 5.0

better settle dispute amicably through elder members of both family. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

You can contact any expert and consult through this portal.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Dear Sir,

The following information may kindly be read:

Law does not and cannot authorize extramarital relations. What needs to be understood here is that morality and legality are two different things. What the society considers as immoral is not necessarily punishable by the state. Adultery is a gender-neutral term and the act of adultery can be committed by both men as well as women. Even otherwise it takes two to tango, so why the liability should be fixed on only one.

The provision in question (Section 497) punished only the man as he was perceived as a predator and seducer whereas the woman was not punishable even as an abettor. Societal norms decree monogamous behaviour among married couples and indiscretions are censured. Proving adultery as a crime in a court of law is extremely difficult as that would need proof beyond reasonable doubt of the parties complained against having actually committed sexual intercourse. So this provision served only as a tool for harassment. Some men are unhappy with the judgment because with 497 gone, people fear that their bloodline may be susceptible to contamination. Concern here is regarding the impact on Section 112 of the Indian Evidence Act which declares birth during marriages to be conclusive proof of legitimacy.

The Apex Court in Sept 2018, declaring the provision criminalizing adultery vide section 497 of the IPC, 1860 as unconstitutional, held that the section was arbitrary in nature and violated the principles of gender equality enshrined under Articles 14 and 15(3). The provision declared a woman’s sexuality to be the absolute monopoly of her husband to the extent that if he wanted he could consent to or connive with some other man desirous of establishing sexual relations with his wife. The language of the section itself ran contrary to the avowed purpose of maintaining the sanctity of marriage as the husband could consent to his wife’s illicit relations.

In the judgment Justice Indu Malhotra wrote, “The autonomy of an individual to make his or her choices with respect to his/her sexuality in the most intimate spaces of life should be protected from public censure.” The court while striking down section 497 observed that the law was seemingly archaic in nature and based on certain societal presumptions. It was not nuanced enough to take into account what kind of marriage it was or why one partner cheated.


In such cases the woman was seen as a chattel lacking agency, one who had no mind of her own. She could be easily seduced and led, thus the entire liability was fixed on the male. On the other hand, the woman whose husband indulged in adulterous behavior had no 

remedy either against her husband or against the other woman who could be married, unmarried or widow. She could not prosecute her husband unless he married another woman, in which case she could prosecute him for bigamy under Section 494 of the IPC. Bigamy is a compoundable offence (one that can be settled with the permission of the court), so the woman could use it to get her husband back while the other woman who was cheated by the man could not even prosecute him for rape as she would not get the defence of consent. Her claim for maintenance would also not stand as such marriages are void in nature. But she can get that man punished under sections 493 and 495 of the IPC for concealing the fact of his earlier marriage and cohabiting with her by deceitfully inducing a belief of lawful marriage.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

At this point of time you need to find out if she is really in adultery or or there is another reason for the behaviour change in case you are only doubting on her better be sure before you take any decision sometimes the change of behaviour is due to the work pressure in case you find her in adultery and you can prove that entry in the court then only you can go to court for the divorce petition otherwise find out the actual cause of the behaviour change with you and your family

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

If you have clinching evidence abut her affairs with the said colleague of hers, you may first issue her a warning and ask her to leave this arrairs with immediate forthwith.

If she is not listening then you may plan to file a divorce case on the grounds of adultery and cruelty.

T Kalaiselvan
Advocate, Vellore
85082 Answers
2213 Consultations

5.0 on 5.0

If you are concerned whether she is having an affair or not then a detective must be hired. Or confront her directly.

Regards 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Dear

You need some Solid evidence to prove that she has affair with another person outside marriage.

Some times the behaviour changes when work environment or type of work changes you should get her for some counselling before reaching some opinion. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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