• Unfaithful spouse

Hi, I am having to deal with a family matter of my friend. His wife has been unfaithful for the past 4-5 years. He found out about it last year and based on his and the girls family pressure, she decided to stop all communication with the guy. The man she is in a relationship is also married with two kids. My friend also has two little kids with his wife. Recently he found out that his wife is back in touch with the guy. He wants to save his marriage for the sake of the kids. His wife is willing to leave the marriage and go to the other guy even though he is still married and not divorced. 
Is there any way to file a case of adultery against the guy or his wife to protect his children? What recourse does he have with the law to ensure he can put any pressure on either the guy or his wife?
It is a complicated situation and Looking for some help.
Thanks
Asked 9 months ago in Family Law from United States
Religion: Hindu
1) gather evidence of wife extra marital affair 

2) husband should file complaint of adultery against the said man for having affair with his wife without his consent 

3) no case of adultery can be filed against wife as law regards wife as the victim 
Ajay Sethi
Advocate, Mumbai
23267 Answers
1219 Consultations
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If evidence of their affair is unearthed by your friend then he can file a criminal prosecution for adultery against that man. This apart, he can also file divorce on the ground of adultery by his wife. I repeat unless there is evidence of adultery your friend will not be able to stand on his feet in the court. 
Ashish Davessar
Advocate, Jaipur
18151 Answers
448 Consultations
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1. yes, having sex with a married lady is adultery attracting section 497 of IPC. So your friend can file such case agaisnt the paramour of his wife.
2.  This marriage seems to be over and even if he files such case his wife is unlikely to get back to him.
3. So since his wife is willing it is better for him to remove this dead wood from his life and get mutual divorce from her.
Devajyoti Barman
Advocate, Kolkata
5219 Answers
54 Consultations
4.9 on 5.0
if there is any documentory proof or any eye witness who proved adultery then you may file a adultery case against him before the police or court u/s 497 of IPC but wife can not be prosecuted under this section.

legally thare is no rule for creating pressure on anybody but it may be possible that after the adultery case, they may settled the matter amicably.

Feel Free to Call
Nadeem Qureshi
Advocate, New Delhi
3534 Answers
130 Consultations
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Hi
Yes . you can file the adultery case against the other guy. 
On a complaint of adultery the other guy will face jail term. 
Please note that filing an adultery case also has social implications in the society which will bring more discomfort for the husband and the children (more  so when the children become adults and come to know the truth). 
Sorry to say this, but this society is cruel and will keep harping/Gossiping  on other man woe's  till their life time. 
 
My suggestion would be for your friend and his wife to file a Mutual consent divorce, and part ways. your friend can demand for the following
a) full custody of kids. 
b) No visitation rights. 
c) No alimony/ maintenance. 
that way he can present a picture of divorce to the society and also provide the children a decent story rather than adultery.
Hope this helps.
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
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proving sexual intetcourse is sine quo non for adultery. you can not established it that both are talking or communicated after giving warning. her this act constitute the act of cruelty which is a ground of divorce. though can file divorce petition. if she maries with that guy without getting divorce from you she will commit offence of bigamy and that guy commit offence of bigamy and adultery. then you can file case of adultery. 
Shivendra Pratap Singh
Advocate, Lucknow
2752 Answers
41 Consultations
4.9 on 5.0
If your friend like to save his marriage for the sake of children future ,then settle the matter amicably and use other methods for stopping the relationship with his wife and other guy. 

If possible try for a marriage counselling to his wife. 

If he search the help of law ,then 
-- He can file complaint of adultery against the guy .
-- He can file divorce against his wife. 
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
Your friend can lodge a complaint with the police under section 497 for the offences of adultery against that guy.  He has to secure evidence to prove his version of complaint. 
Mere complaint cannot be sufficient to initiate any legal action against the adulterer.
He can file a divorce case on the grounds of adultery by impleading her paramour as the 2nd respondent.
T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
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Your friend can file adultery case against her paramour, but not against his wife.  The law gives exemption for wife.  Once your friend files the adultery case, the news will go to the paramour’ wife and children and in turn the lover’s wife will scold him and a small war will be created in that family.  Thus your friend will be relieved to maximum extent.  If your friend chooses to give divorce to his wife, this proof will be very useful and the court grants divorce easily. 

Court requires proof.  Before filing adultery case, collect some proofs i.e. photos (when they are loving each other, lying on the lap of each other, kissing scenes), videos, emails, hotel room bills, CC Tv footages, some witnesses etc.  Otherwise you will lose the criminal case.  
Ravinder Pasula
Advocate, Hyderabad
316 Answers
68 Consultations
4.9 on 5.0
1. Your friend can certainly file a criminal case/complaint of adultery against her paramour ( not against his wife since no adultery case stands against woman probably it is believed that women can not commit adultery,

2. However, the question is whether sending her paramour to jail on the charge of adultery will save his marriage or not,

3. A clear legal advice can be given by asking him to file a criminal case/complaint leveling adultery charge against her paramour but your friend shall have to foresee its affect on his wife,

4. Won't she become furious for sending her paramour to jail?

5. Probably your friend shall have to decide whether he should try to save his marriage at all or not when his wife is seeing some other person.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0

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T Kalaiselvan
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