Adultery is a ground for divorce under Section 13(1)(i) of Hindu Marriage Act, , the spouse who engages in extra-marital intercourse is guilty of adultery. Obviously, the most important post-divorce problem with which the individual and society are most vitally concerned is the problem of finding adequate solutions to matters concerning custody, education, maintenance of, and access to children. These are the matters which affect significantly the children and parents emotionally and socially . The importance of parental fidelity to the psychological well-being of children cannot be underestimated. While an affair is taking place children sense that the parent is expending emotional energy outside the family. As a result the children may become anxious or frightened, or they may sense rejection and feel they have done something wrong. Moreover experts found, such children are prone to have affairs themselves when they marry. The child, eventually, after witnessing the hostile environment at home and the parental animosity resulting from the extra-marital of either of the parents, breaks down under the strain of conflict. The child’s distress may take the form of school related problems, anxiety, depression, bullying, victimization and sometimes even health related illness.
So better to give one more chance to wife and give her the message of Divorce is inevitable if it happened next time. Wife who is guilty of adultery is not entitled to maintenance.If we are moving a court we have to pay the money according the advocate concern.