• Wife cheating me

Good Afternoon sir,
last 7-8 days i am very much tortured. actually i read a Whats up chat of my wife. She chat with someone his old school friend but the conversation is shown more than a friend. i further inquire to my wife and she told no relationship among them. Yesterday i got a call detail of my wife's number and found that they talk to each other almost 3-4 hour on a day. based on the call detail. i call to the guy and told him that i have had all data that he has a illegal relationship with my wife. then he agreed on the relationship. then i ask to my wife and based on the conference on that boy she also agreed, and told me that it was a flude type of relationship and they exchange kissed over there. 
please suggest :- i) what i can do against my wife who is cheated to me. we have 3 yrs old son too.
ii) what legal action i can take and how!
iii) how could i get the chat detail from service provider.
Asked 1 year ago in Family Law from Kolkata, West Bengal
Religion: Hindu
1) forgive her and take an undertaking from her that she wont indulge in any extra marital affair in future 

2) for the sake of your 3 year old son try to save your marriage 

3) visit a family counsellor  to resolve your differences 

4) you can if you so  desire file for divorce on grounds of adultery and mental cruelty . 

5) you can also file case of adultery against her lover under section 497 of IPC for having sex with your wife without your consent even though he was full aware that she was a married lady 

6) service provider dont maintain records of chat details 
Ajay Sethi
Advocate, Mumbai
23206 Answers
1218 Consultations
5.0 on 5.0
You should collect some more credible and relevant evidence towards their relationship. If they have been in physical contact after your marriage then you can file FIR against her boyfriend under section 497 for adultery and also file divorce on the basis of same evidence.

If she admitted that they were in flude type of relationship and they exchange kissed over there then it might be possible that they were in beyond of this relation. 

mobile operator is bound to adduce call details after the court order. merely on the basis of chat it can't be prove that illegal relation existed between them. her admission about kisses is relevant evidence, collect some more evidence and take appropriate action.   
Shivendra Pratap Singh
Advocate, Lucknow
2737 Answers
41 Consultations
4.9 on 5.0
1. The incidents are really unfortunate but you have to take the call as regards the seriousness of relationship. if it was flirting kind of thing then you may choose to ignore after giving stern warning to your wife.
2. You can file suit for divorce but those chat messages if not full of sexual innuendos may not be helpful. Mere call details for long conversations is not sufficient enough to prove her infidelity.
3. If you file a case then you can summon the service provider for chat details.I may repeat no case of adultery u/s 497 IPC lies against her male friend.
Devajyoti Barman
Advocate, Kolkata
5189 Answers
54 Consultations
4.9 on 5.0
1. You can file for divorce against your wife on the basis of adultery. Her chat messages can be used in the court to prove her infidelity. You can also prosecute the guy for adultery. If he is held guilty by the court he may be jailed. 

2. You may claim the exclusive custody of your son by filing a case for child custody.

3. The chat detail cannot be obtained from the service provider unless there is a court order in this regard. 
Ashish Davessar
Advocate, Jaipur
18088 Answers
448 Consultations
5.0 on 5.0
You cannot get the call details of others from the service provider, you can get it through court only.
If you feel that it will not be possible to continue your marital relationship with her anymore, you can decide to divorce her on the grounds of adultery but if she is willing for mutual,consent divorce, you can go ahead with it.
You can make an agreement of child custody and visitation arrangements too in the divorce agreement conditions. 
In all the probabilities, you may admonish her and get an assurance to change herself and live with you properly henceforth which can save your marriage as well as your child's future too. 
T Kalaiselvan
Advocate, Vellore
13985 Answers
127 Consultations
5.0 on 5.0
1) mere exchange of chat messages, photographs  does not prove adultery 

2) it would be difficult for you to prove adultery in court 

3) further under section 497 of IPC no case is maintainable against your wife as law regards wife as victim . 

4)if your wife is willing go for divorce by mutual consent . 

5) if your wife is not willing then you can file for contested divorce but it takes years to be disposed of 

6) you can take a letter from her wherein she admits her relationship with another man and undertakes not to meet him in future .

7) since your child is only 3 years old court may award custody to mother . you would be granted visitation rights 
Ajay Sethi
Advocate, Mumbai
23206 Answers
1218 Consultations
5.0 on 5.0
1. The chat messages are sufficient to prove her infidelity in the court even if they never had sex. 

2. The courts do not attach any value to a written undertaking of this nature. What you require is a substantive proof of her adultery. The chat conversation suffices to  this end. 

3. To keep your child with you you can file a case to claim his exclusive custody. The divorce case has no co-relation with the claim for child custody. 
Ashish Davessar
Advocate, Jaipur
18088 Answers
448 Consultations
5.0 on 5.0
It is advisable to file a police complaint of adultery against the boyfriend. Since you have a three year old child, you may want to rethink on divorce. However if you are adamant, for the sake of child, it is advisable to go for mutual consent divorce wherein you both can decide on the custody of the child as well. 

The chat records can be obtained from the service provider only after a court order for obtaining the same is passed in your favour. Only the call details would not be sufficient to prove the adulterous nature of your wife. Either hire a detective who could gather evidence for you.  Even if the mobile is in your name, the court order is necessary for obtaining the chat details. The service provider will not give you the details easily.

Further, you can get an agreement signed by her that she will not indulge in such activities in future. the same may be done in the presence of independent witness wherein she first admits her mistake stating that no force has been applied on her for admitting her mistake.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
5.0 on 5.0
If you have decided to divorce her and she is not willing to give mutual consent divorce, you may go ahead with the evidences in your possession, i.e., the call details which is reportedly between her and the adulterer. In the pleadings you can include the issues like exchange of nude/semi nude photos and suspected physical relationship as extra marital affairs between them.  Once the summons along with the petition copy reaches her, she, if at all has respect and fear of society, will immediately surrender and agree for mutual consent divorce or if not you may prosecute the case as decided firmly till the end.  
T Kalaiselvan
Advocate, Vellore
13985 Answers
127 Consultations
5.0 on 5.0
There is no retakes are possible in life .You had a small child having the age of 3 year. Think with calm mind that you need a divorce or not?
Also understand that it is not easy to prove an adultery case before the court. A good counseling will be change the life. A good marriage counselor or physiologist can help you process the information and emotions and guide you in the steps you need to take to save the marriage. When you discover the infidelity you will experience many different emotions. You will fear losing your wife, your marriage ending and of course the shame of knowing that marital trust has been broken. If your desire is to save your marriage you need to check your emotions and come at this problem with a level head. If your desire is to divorce, you will fare better during the divorce process if you don’t allow your emotions to guide your decisions.

Make the decision whether to stay in the marriage or file for a divorce. If your wife refuses to give up the affair then file a  petition of  Mutual Consent under the Hindu Marriage Act 13-B. And also file petition for custody of the child.
Ajay N S
Advocate, Ernakulam
1915 Answers
19 Consultations
5.0 on 5.0

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