• Wife adultery

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 2 years ago in Family Law from Chandigarh, Chandigarh
Religion: Hindu
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.
Shashidhar S. Sastry
Advocate, Bangalore
1242 Answers
59 Consultations
5.0 on 5.0
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.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
5.0 on 5.0
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.
Devajyoti Barman
Advocate, Kolkata
5231 Answers
54 Consultations
4.9 on 5.0
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.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
232 Consultations
5.0 on 5.0
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.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
it is adviceable for you to file divorce on grounds of adultry & desertion. also file police complain. then talk to your wife for MCD
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations
3.9 on 5.0
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 .
Ajay Sethi
Advocate, Mumbai
23302 Answers
1220 Consultations
5.0 on 5.0
Try to get her consent for mutual consent divorce.  It will be better for both of you.
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Family Lawyers

T Kalaiselvan
Advocate, Vellore
14077 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23302 Answers
1220 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
232 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5231 Answers
54 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
438 Answers
15 Consultations
4.7 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2760 Answers
41 Consultations
4.9 on 5.0
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0