Adultery is a ground for divorce under Section 13(1)(i) of Hindu Marriage Act,.The ground for getting a decree for divorce on the grounds of adultery is provided as :“The Respondent has after solemnization of marriage, had voluntary sexual intercourse with any person other than his or her spouse.” In other words, the spouse who engages in extra-marital intercourse is guilty of adultery. Under the Dissolution of Muslim Marriages Act, adultery as such is not a ground for divorce, but if the husband “associates with women of evil repute or leads an infamous life,” it amounts to cruelty to wife and she can sue for divorce on that ground.
Whats app chat messages can use as secondary evidence. But you have to prove the other supportive evidence of cruelty for getting Divorce.
Importance of Parental Fidelity and Family Structure
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 Supreme Court gave a judicial message in the case of Gaurav Jain v Union of India that children are innocent and abandoning of the child by one of the parents, excluding a good foundation of life for them, is a crime against humanity. The father and the mother offer different and complementary cognitive and emotional organizations of the world to the infant. An intact family environment consisting of a child and his or her mother and father presents a less burdened environment for the development of a happy, healthy and well adjusted child .The benefit to children which come from being raised by their mother and father are maximum in an intact and relatively stress free home.”
So if she come out from the cage of mistakes and loyal and ready to trust worth to you in future give a chance for living together for the sake of children.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