• Wife cheated on me

My wife cheated on me. She is in a relationship with my brother in law for last 4 year. I am in very bad time in my life, I don't know what to do.

Please suggest a legal approach.
Asked 3 years ago in Family Law from Delhi, Delhi
Religion: Hindu
You may file for divorce for cruelty, harassment, and adultery in the family court. Please ensure you have adequate evidences while filing the case.

thanks.
Feroz A. Shaikh
Advocate, Mumbai
216 Answers
58 Consultations
5.0 on 5.0
You need to file police complaint now. And after that file suit of divorce on the ground of adultery harassment.
Sunil Kumar Singh
Advocate, Kanpur
15 Answers
6 Consultations
4.0 on 5.0
do you have aby evidence that your wife is having relationship with your brother in law . if so file case for adultery under section 497 of IPC against your brother in law . however please note that your wife cannot be punished for adultery . engage a  detective agency to  gather information and photographs which may help the grieved party to prove spouse’s adulterous act. The evidences must be significant and related to places and dates where the adulterous party and co-respondent may have met in isolation.

Usually, there are no direct evidences against adultery and it has to be proven with the help of circumstantial proofs such as; photographs of the spouse with a third person at secluded place where they may get intimate or at places like hotels where they may get an opportunity for physical relationship


you can also file for divorce on grounds of mental cruelty , adultery
Ajay Sethi
Advocate, Mumbai
23123 Answers
1214 Consultations
5.0 on 5.0
Dear Querist
I completely agree with Mr. Feroz & Mr. Sethi
Nadeem Qureshi
Advocate, New Delhi
3522 Answers
129 Consultations
4.9 on 5.0
u can file case of adultry under 497 of IPC against your brother in law. u can also file case of divorce on grounds of adultry & mentle cruelity
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations
3.9 on 5.0
If you have enough proof that she is in extra marital relationship file case on that ground otherwise file divorce case on the ground of mental torture. And if she is living separately for more that two years also include the ground of desertion.
Prithwish Ganguli
Advocate, Kolkata
21 Answers
12 Consultations
4.6 on 5.0
Pl check if your doubt is right.Have you talked to your sister I.e. wife of your brother-in-law.Legal recourses are suggested above but it is difficult and time consuming.If it is a fact that your wife is in relationship think of mutual divorce with consent of you all four
Anil Gupta
Delhi 09873503447
Anil Gupta
Advocate, New Delhi
180 Answers
41 Consultations
4.3 on 5.0
recorded telephonic conversations are admissible in evidence . however gather some more proof . engage a detective agency as advised
Ajay Sethi
Advocate, Mumbai
23123 Answers
1214 Consultations
5.0 on 5.0
You have not talked to your sister as suggested ,it looks you and your wife both are teasing each other.If you ask the way you have asked anybody will give such irritating reply.Handle situation in a matured fashion.All details are with you ,decide further action yourself.
Anil Gupta
Advocate, New Delhi
180 Answers
41 Consultations
4.3 on 5.0
Hi,
 collect maximum evidence of her continuing with the relationship with the brother in -law. Your mere suspicion would not be sufficient proof, get the proof of them being together other than the normal family reasons, photographs, emails, phone calls data and sms etc. If you can get any eye witness who can be convincingly depose that they being together etc can help you. You can get an FIR lodged against your brother in-law if you have proof of them having physical relationship, which is almost impossible. Adultery is charged under sec. 497 IPC against the man who has a sexual relationship with a married women knowing that she is married .
                  As the sec. reads:-sec.497. IPC. Adultery.-- "Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. In such case the wife shall not be punishable as an abettor".

   Try whether if she  is ready for a talk again ,then  bring elders of the family of both the sides, or a mediator who can convince her for mutual consent divorce.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0

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