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What to do when wife is cheating on me
13-Feb-2023 (In Divorce Law)
My wife is conversing with a gym trainer daily.Their conversation is like gf bf.I spend quality times with my wife,giving her surprises,sharing and supporting her in every decisions.But my wife is betraying me.I found it when she lied about the things related to gym trainer.I found their conversation,broke my heart. I asked her about this, she denied, telling me I'm just doubting wrongly. Still they are conversing. I tried to stop her to go to that gym,telling her to enrol another gym, but she denied pointing on my faults that's my "wrong DOUBT". then I told her to continue gym, thinking that she will change, but still she's continuing the same thing. Sending messages to the trainer "i love u,miss u etc ".I also threatened that guy about this thing, at that time he was sorry.But after somedays he's telling that i'm taking personal issues to gym.and He doesn't know about anything. now Please suggest,whether I can take any action against that guy/wife?Havng evidence of conversation.
you can file a FIR for the offence of adultery which is punishable under section 497 ipc, if their pictures are taken after your marriage. You also get divorce on this ground, adultery is valid ground for divorce under section 13 of Hindu marriage act(HMA).
If it is taken before your marriage then no offence of adultery is made out but you can file divorce on the ground of her immoral character. If your marriage is not lasting more than one year then you can file petition under section 12 HMA for annulment of marriage because good character is essential criteria for marriage.
Messages on Whatsapp, Facebook, even skype chat are now easy evidence permissible in court. This is called digital evidence and it is helping court in a big way to decide adultery in divorce cases. Digital evidence accompanied with other circumstantial evidence form strong basis for taking presumption towards adultery under section 114 of evidence act. once those evidence is admitted by the court thereafter it can be used for any other purpose like under sec 125 crpc for refusal of maintenance,
If it is taken before your marriage then no offence of adultery is made out but you can file divorce on the ground of her immoral character. If your marriage is not lasting more than one year then you can file petition under section 12 HMA for annulment of marriage because good character is essential criteria for marriage.
Messages on Whatsapp, Facebook, even skype chat are now easy evidence permissible in court. This is called digital evidence and it is helping court in a big way to decide adultery in divorce cases. Digital evidence accompanied with other circumstantial evidence form strong basis for taking presumption towards adultery under section 114 of evidence act. once those evidence is admitted by the court thereafter it can be used for any other purpose like under sec 125 crpc for refusal of maintenance,
Helpful?
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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You must immediately consult a lawyer to understand the various ways how to deal with such situations because in this case of yours it needs to be tactfully handled with the law technically failing which you yourself can be in a big problem.
Helpful?
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Adv. Aveek Bose
Kolkata | 500+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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