• Divorce

I have decided to file for divorce with my wife aged 37 years. We are married for last 9 years with a 7 year old kid.Last year i discovered that she was into adulterous relationship with few persons and i have proof which beyond doubt can prove my point. Since the child will get affected so i decided to give her a chance so dint file any complain or divorce.

Now after 12 months i found that she was again indulging in an adulterous relationship for last 6 months with a new man.I have proof of similar nature and her confession recorded.
Again i have the dilemma for filing divorce since the child is young. My concern area's as well as my questions are :
1. How long can i use all these proofs for filing a divorce and Sec 498 police complain on the man
2. If i pardon her now can she after 6/12/24 months file for divorce on some other grounds to gain from alimony and child custody ? What recourse i have that time.
3. How to protect from false  allegations of domestic violence or torture since she might want to divorce case not on adulterous grounds
4. We have a joint locker which is operated by either or but since she has the key i fear she might take away all jewellery from there. How can i put a restriction on single person operation of locker.
5. How to file the police complain against the man involved with my wife and where  to file ?

6. What are the kind of costs involved in all the above filling and complain and divorce proceedings

7. If i decided to give her one more chance to stay on is there any statement that can be secured from her that will say that she was guilty of adulterous relation and asking for pardon and vow not to repeat these mistakes again and be true and faithful to marraige
Asked 11 months ago in Family Law from Delhi, Delhi
Religion: Hindu
1. The proof depending upon its nature  if there is any can be used at any point of time.
2. If you start residing with her even after knowing the truth then the same would be treated as condonation of her cruel acts and hence may not be used later on against her. She can always file divorce suit and ask for alimony. For maintenance she need not file divorce suit.
3. Fight the case on merit. There is no preventive action except filing a suit for divorce on adultery against her.
4. You can instruct the Bank in writing not to allow her to operate the bank locker.
5. You can file complaint where the adultery is committed or where the man is residing.
6. Costs vary from lawyer to lawyer. I believe I have already informed you my fees.
7.Yes get a letter of admission of guilt of adultery written by her,
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
1)you should use these evidences now if you want to file for divorce on grounds of adultery and mental cruelty . 

2) you have to file complaint against the man under section 497  of IPC for adultery 

3) your wife is at liberty to file for divorce in case she so desires when ever she wants under provisions of HMA 

4) wife who is guilty of adultery is not entitled to maintenance 

5) you have to contest DV case if any filed by wife on merits  

6) you should continue to have the locker being operated by your wife so that tomorrow she cannot make any allegations that you removed her jewellery 

7) you have to approach local police station to file complaint of adultery against your wife lover 

8) litigation fees for filing divorce petition vary 

9) you can give your wife a second chance if you want to save your marriage 

Ajay Sethi
Advocate, Mumbai
23375 Answers
1225 Consultations
5.0 on 5.0
Dear Querist
My opinion on your queries are as under:

1. How long can i use all these proofs for filing a divorce and Sec 498 police complain on the man.
opinion: Make a transcript and cd and file before the court and police as the case may be. you have to file an affidavit u/s 65B of Indian Evidence Act-1872

2. If i pardon her now can she after 6/12/24 months file for divorce on some other grounds to gain from alimony and child custody ? What recourse i have that time.
opinion: there is no restriction on her or you to file divorce case as per the facts and circumstances. fighting the case on merit or settled the matter amicably.

3. How to protect from false  allegations of domestic violence or torture since she might want to divorce case not on adulterous grounds.
Opinion: execute a MOU with the presence of her family members and anyone or two of her family members should be the witnesses of that MOU with their signature.

4. We have a joint locker which is operated by either or but since she has the key i fear she might take away all jewellery from there. How can i put a restriction on single person operation of locker.
Opinion: file an application before branch manager regarding the same in writing.

5. How to file the police complain against the man involved with my wife and where  to file ?
Opinion: police complaint can be filed u/s 497/499/500 of IPC in which area you are residing or the cause of action arose. 

6. What are the kind of costs involved in all the above filling and complain and divorce proceedings
Opinion: its depend on lawyers fee.

7. If i decided to give her one more chance to stay on is there any statement that can be secured from her that will say that she was guilty of adulterous relation and asking for pardon and vow not to repeat these mistakes again and be true and faithful to marraige
Opinion: execute MOU with all the terms and condition with confession.

Feel Free to Call
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
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. 
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
1. The case is to be filed within a year and not later than that. The delay in filing the case neutralizes the evidence of adultery.

2. 498A case, if filed, will be tried substantively by the court. You can move the High Court for the quashing of the case if you can prove that the case is founded on inherent falsity.

3. Notwithstanding your pardon, she is at liberty to file for divorce on the grounds available to her and also to claim maintenance.

4. She will have to prove her allegations in the court where you can contest the case fittingly. 

5. You can file a lawsuit to seek injunction from the court against your wife to restrain her from taking out the jewellery without your consent.

6. No police complaint can be filed against the men she has an extra marital affair with. You have to file the criminal complaint in the court.

7. The cost is the fee of your lawyer.

8. Any statement given by her will not make her liable in the court.
Ashish Davessar
Advocate, Jaipur
18246 Answers
449 Consultations
5.0 on 5.0
1. How long can i use all these proofs for filing a divorce and Sec 498 police complain on the man
You are right that if her modesty is hit or if her name is being damaged, she may go to any extent  including filing false complaints against you on the grounds of cruelty and dowry demand harassment too.
She may even resort to a complaint on the grounds of domestic violence.
Hence, as she is not changing her habits despite stern warnings, you may ask her sign divorce papers for divorce on mutual consent grounds which will be safe for both.



2. If i pardon her now can she after 6/12/24 months file for divorce on some other grounds to gain from alimony and child custody ? What recourse i have that time.
What she will do in the future cannot be predicted by anyone, but on such an occasion, you may seek custody of child by pleading her adulterous life in the past (if your can prove her current adulterous life too, it will be more beneficial to you) and plead before the court that it  will affect the moral and well being of the child if allowed to remain in her custody a nd the alimony claim too can be repudiated on the same grounds.



3. How to protect from false  allegations of domestic violence or torture since she might want to divorce case not on adulterous grounds
Read my answer to your first question which explains.



4. We have a joint locker which is operated by either or but since she has the key i fear she might take away all jewellery from there. How can i put a restriction on single person operation of locker.
You cannot object to her taking away her own jewels however, you may give an application to the bank that you withdraw from the joint ownership and may instruct bank to not to allow her to open the locker in your absence and you may follow necessary formalities of the bank in this regard accordingly. 



5. How to file the police complain against the man involved with my wife and where  to file ?
You can file a police complaint under section 497 against the adulterer within your jurisdiction.



6. What are the kind of costs involved in all the above filling and complain and divorce proceedings
The lawyer whom you may engage may be the correct person to explain the costs involved because lawyer's fee cannot be guessed by another lawyer.



7. If i decided to give her one more chance to stay on is there any statement that can be secured from her that will say that she was guilty of adulterous relation and asking for pardon and vow not to repeat these mistakes again and be true and faithful to marraige
It depends on how you have decided to handle this issue.
T Kalaiselvan
Advocate, Vellore
14158 Answers
128 Consultations
5.0 on 5.0
1. There is no limitation period for filing criminal cases but its teeth looses strength with the elapse of time,

2.Whether you pardon her or not, she is at liberty to file divorce case or any other case anytime. You shall have to contest the case fittingly, if filed by her,

3. Preserve all the evidence you have in connection with her adulterous activities to use he same to contest the case if she files against you arguing that she has filed he case since you have objected to her such acts,

4. Send a letter to the Bank directing it not to allow operation of the locker without signature of both of you,

5. If you have collected enough evidence of is having physical relationship with your wife, then only you should lodge a complaint before your local police station bringing the charge of adultery against him, by submitting all evidence collected by you,

6. The cost varies depending on the fees of the lawyer you choose. In Kolkata, the general filing fee is Rs.40 K followed by appearance fees of Rs.1 K per appearance,

7. You can take the said statement executed on a stamp paper in the form of an affidavit and get it notarised. his may kep her in check though she can claim later on that you have got her executing the said affidavit by coercion.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0

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