1) You can file for divorce on grounds of adultery

2) make your wife lover co respondent in divorce case 

3) you have to prove allegations made in divorce petition 

4) her lover can file defamation case against you 

Don’t file for divorce on grounds of adultery if you don’t have evidence against him 

he can file defamation case against you 

Defamation case can be filed against you if you malign his reputation 

1. If you are having clinching evidence of the affair with your wife of that person, then you can quote his name in the divorce petition.

2.  Just hearsay evidence will not be admissible and that person may file a defamation case against you.

If you are filing a contested divorce case on the grounds of adultery then it becomes your duty to produce documentary evidences to establish your allegations against her besides impleading her paramour as second respondent. 

However if you are not able to prove the charges of the acts of adultery between them,  there are chances that he may file a defamation case against you.

If he wants to avenge you then he can go ahead with the defamation case if you are not able to establish the acts of adultery between him and your wife. 

The court case filed by you impleading him as second respondent with allegations of adultery, on failing to prove the allegations by, would become substantial documentary evidence in his favor to strongly prosecute you in a  defamation case. 

If you have evidence against him you can otherwise you need to prove it before court. 

Yes. He will.

If you have reliable evidence then include his name.

Regards 

G.Rajaganapathy

High Court of Madras 

Dear Sir,

Yes, you can name him as Respondent No.2 in your divorce petition and if clear finding is given that such person is not involved in any adultery with your wife then he can file defamation case against you. But, in rarest of rare cases such defamation cases will be allowed. Go ahead to file such divorce case to strengthen your case.