• Husband has committed adultery

What should be done to protect the interest of children as well as the spouse?
Asked 1 year ago in Family Law from Gurgaon, Haryana
Religion: Hindu
1.The spouse has no share in the property of her husband , The children has but only in the ancestral property of father.
2. The spouse can file suit for divorce on the basis of adultery.
3. If the wife is unemployed and the children dependent then case under PWDV Act can be filed asking for maintenance .
Devajyoti Barman
Advocate, Kolkata
5839 Answers
63 Consultations
4.9 on 5.0
1) wife can file for divorce on grounds of adultery 

2) gather evidence of adultery 

3) wife cannot file complaint of adultery against husband 
Ajay Sethi
Advocate, Mumbai
24710 Answers
1323 Consultations
5.0 on 5.0
Hello,
1) Husband committing adultery is a valid ground to file for divorce if the spouse wants to file for divorce. However you must have sufficient proof to substantiate and establish the act of adultery to succeed in your case for divorce.Besides of course it is cruelty and on that ground as well divorce can be filed for.

2) The interests/rights of the children would not be affected unless the husband is failing to provide for them. A petition seeking maintenance can be preferred in the court seeking maintenance.
S J Mathew
Advocate, Mumbai
1961 Answers
68 Consultations
5.0 on 5.0
Hi, if the husband has committed adultery then it is a good ground for divorce.

2. As per law if any one of the spouse has voluntarily having intercourse with any other spouse other then them, then they can seek  divorce on the ground adultery.

3. If you want you can lodge a police complaint against husband also. 
Pradeep Bharathipura
Advocate, Bangalore
4154 Answers
140 Consultations
4.3 on 5.0
What should be done to protect the interest of children as well as the spouse?

Children are fragile, handle them with care. If divorce is inevitable, bitter battles cannot be the option to settle issues of child custody and access.You can claim Maintenance from husband by filing maintenance petition .Also seek accommodation in shared house of Husband 
Ajay N S
Advocate, Ernakulam
1946 Answers
19 Consultations
5.0 on 5.0
Well if he has committed adultery then his criminal prosecution can be launched. The wife is also free to file for divorce on this ground. This apart, she can file for maintenance for herself and her children.
Ashish Davessar
Advocate, Jaipur
18828 Answers
472 Consultations
5.0 on 5.0
Take judicial separation and stay away from his company or file a divorce petition on the grounds of adultery and mental cruelty.
T Kalaiselvan
Advocate, Vellore
15249 Answers
139 Consultations
5.0 on 5.0
you may file a maintenance case along with custody of children case if children are minor.

you may file a divorce case if you are not willing to live with him based on cruelty u/s 13(1)(ia) of Hindu Marriage Act-1955, if there is any documentary evidence regarding the adultery then adultery can also be the ground of divorce.

Feel Free to Call
Nadeem Qureshi
Advocate, New Delhi
3628 Answers
137 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
15249 Answers
139 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
24710 Answers
1323 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18828 Answers
472 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12716 Answers
261 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5839 Answers
63 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3628 Answers
137 Consultations
4.9 on 5.0
Atulay Nehra
Advocate, Noida
523 Answers
18 Consultations
4.7 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2871 Answers
43 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
916 Answers
55 Consultations
5.0 on 5.0
Ajay N S
Advocate, Ernakulam
1946 Answers
19 Consultations
5.0 on 5.0