• Divorce case on adultery

One of my best male friends got married last year. after marriage he found that his wife has physical relation with other person. He recorded her voice/call conversation with that person in mobile. He has sufficient audio recordings of both which clearly shows that they are in physical relation. As he came to knew about this matter he tried to solve by mutual talks but no result at all. After this they both filed mutual divorce but after 6 months period his wife changed her decision and refused for divorce. 
Now she forcefully living with his parents home and not ready to go her parents home or outside.  She is making pressure to live with my friend on any cost. My friend don't want to live with her because she is in relation with other man and also harassing his family members. Every time she threat to file dowary case on his family.
Please suggest us in proper way so that we can get rid from her. He wants divorce at any cost.My friend belongs to Hindu family.
Asked 3 years ago in Family Law from Jaipur, Rajasthan
Religion: Hindu
In this case, wife has committed adultery. 

Based on the evidences available; the husband can file for divorce in family court on the grounds of cruelty. 

The person committing adultery with his wife can be punished by the husband based on the evidences on approaching criminal court.

Thanks.
Feroz A. Shaikh
Advocate, Mumbai
216 Answers
58 Consultations
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Hello,

Getting a divorce is not a problem here, since strong grounds exists in case you file a petition for the same. The real problem is regarding any 498A, 406 IPC or Domestic Violence Act or 125 CrPC case which the wife might file against the husband and his family members.

In order to have some protection, the husband and family members can apply for an anticipatory bail if any FIR is registered against them. In the meantime, the husband must try to collect as much evidence as possible which suggests that the real problem between the parties is the wife having an affair, and not demand of dowry.

This evidence will not only help your friend in procuring bail but also in contesting the Trial.

Regards,
Nishant Bora
Advocate, Jodhpur
111 Answers
31 Consultations
5.0 on 5.0
You would be required to get the certificate from the authorities after getting the voice tested from a government approved authority, to prove its genuineness.

Thanks.
Feroz A. Shaikh
Advocate, Mumbai
216 Answers
58 Consultations
5.0 on 5.0

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