quesWife after leaving me married and living with another man. What to do?

My son's wife left home 2 years ago and is staying with another man after marrying him. We have proofs of her marriage with the other man. Can we file an adultery case against her and ask the police to raid their home and arrest her for adultery?


Also, on what all grounds can we file a divorce against her?


  • ans 

    Yes you can register a complaint in the nearest Police Station for the offence of Bigamy under Section 494 of the Indian Penal Code and for adultery under Section 497, however your son's wife shall be punished for the offence of abetting adultery.


    With respect to seeking divorce,


    Your son can seek divorce under Section 13(i) and 13(ib) of the Hindu Marriage Act, 1955 on the grounds of adultery and on the grounds of desertion for a period of 2 years.


    His wife staying with other man is a very strong ground for Divorce as it amounts to cruelty.


  • Related Articles

  • 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. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
Consult best Divorce lawyers in India

Divorce Lawyers

Advocate Jaspreet Singh Rai

  Greater Kailash 1
 Experience: 13 years

Advocate Arjun Vinod Bobde

  Supreme Court of India
 Experience: 13 years

Advocate Diva Arora Menon

  Nizamuddin East
 Experience: 10 years

Advocate Sudershani Ray

  Kailash Hills
 Experience: 9 years

View all >>

How it Works

Know how LawRato makes legal easier and effortless

Ask a Free Question

Post a question and get free advice from multiple lawyers

Talk to a Lawyer

Easily find and book private consults with top lawyers in India

Get Fee Estimate

Receive multiple quotations for your legal requirement instantly