If 7 year married women have a relationship with another person and she caught by her husband. Can husband take legal action against her. And can take divorce from her easily. We have all phone records but we don't have photo proof and the person we know where she have relation . But when we caught him with her boyfriend in the morning in other boy bedroom in my house. Other man run away on that time .He visited my house very often because of business . We inform to girl family . And the girl family came to my house and take her . On that time they were not supporting their daughter and they were agree for the divorce . But after two to three days they were threatened us they are going to police . Because we think the girl is telling them wrong story to save herself. We are very reputable family. Plz advise us legal advice.
Asked 4 years ago in Family Law from Chandigarh, Chandigarh
Best option would be to take Divorce on Mutual Consent, inspite of her adultery. It would be very difficult to prove adultery. Contested divorce takes years. Better to go for MCD and start afresh in life. If need be contact one of the Panel Lawyers of Kanoon from your place.
If you have the phone records and the chat records of your wife, that would not be sufficient to prove that the wife has been living in adultery. I would suggest that you approach the nearest police station and file and FIR and let the police discover the true circumstances. After all the data has been gathered, speak with your wife and her family members for a mutual consent divorce.
1. Case of adultery can be filed against the paramour of wife but no case of criminal nature can be filed against the wife.
2. The adultery charges u/s 497 IPC is very hard to prove as nothing less than actual act of sexual intercourse is required to be proved.
3. However the affair of wife ion the basis of documentary evidence is enough to claim for divorce and possibly to get it.
4. Do not cower under threat and file the suit for divorce at once to nullify the charges the wife may bring against the husband.
1. Lodge a police complaint against the paramour of your wife, if possible with evidence,
2. File a divorce petition against your wife immediately,
3. talk to your wife and try to convince her for mutual consent divorce.
Before she files any false case against you, better you lodge a complaint with the police against her paramour and also file divorce case. During pendency, you can talk to her for MCD and if she also agrees then convert the divorce petition into MCD petition. Feel free to call.
Advocate, New Delhi
it is adviceable for you to file divorce on grounds of adultry & desertion. also file police complain. then talk to your wife for MCD
Advocate, Greater Noida
1) you have stated that yours is a very reputable family . as such you would not like to wash dirty linen in public
2) best solution is to file for divorce by mutual consent .
3) you dont have any evidence to prove adultery . in any case no case of adultery is made out against the wife as law regards her as victim .
4) you can file for divorce on grounds of adultery . how ever please not that contested divorce cases take years to be disposed of .
Try to get her consent for mutual consent divorce. It will be better for both of you.
Advocate, New Delhi