Can i file for adultery on my wife's lover while divorce is pending?

623 votes

The filing of the mutual consent divorce has no bearing on the filing of the complaint against the wife's boyfriend. However, the filing of the complaint may scuttle the mutual settlement arrived at with your wife. Post the divorce you can file the complaint provided that there is no reference to the relationship of your wife with the other guy.

In India, a women, even if she enters in to a adulterous relationship, she is not punished and is only considered as a victim. Only the male committing the adultery is punished if found guilty.

Thus, whether you file the case or not, you wife will remain unaffected. However, what is important is that if you file the complaint before the divorce, it will have more credibility.

LawRato LawRato

955 votes

Having decided to go for divorce by mutual consent, you should proceed with it and get the final decree.With the latest judgement ,you may request the court to pass the order asap . Once you get it , you and spouse can lead your own lives and nothing that she does should bother you since whilst you have animosity towards the boy, you are in confused state regarding your wife.She will get affected by any such action and your future peaceful life will get distorted.

Advocate Vadakkemadom Lakshmanan SR LawRato

560 votes

Dear Client.
If you are gping for mutual divorce why to cimplicate the issue and defame her.

If yoy file Adultery case, getting mutual divorce would not be possible, she may not cooperate. You are going leave her anyways so it would be adviced to ignore the same and avoid legal complications.

Expert Jurist LLP

Advocate JV Bhosale LawRato

828 votes

In this case you cannot file adultery petition against your wife's boyfriend but you can file the adultery petition against your wife
You can file a police complaint against your wife's boyfriend and concern police will take and action against him

Advocate Anis Momin LawRato

944 votes

Yes, you can file Adultery during pending Divorce by mutual consent. This Adultery case won't be against your wife, but it will.be only against your wife's boyfriend.
Even if you get the Decree of Divorce your stand of Adultery case will not fizzle out or vanish.
3rdly there is no question of punishment by you to your wife, as in the Adultery case wife is never arraign as an accused as per the Indian Penal Code i.e. India's law.
Though not mentioned in your question I advise you to consider whether to file Adultery case or not, because your mutual consent Divorce petition is pending and though you have not mentioned the circumstances in which this mutual consent Divorce petition is filed there is one possibility that, after knowing this Adultery case your wife might withdraw her Consent to Mutual Consent Divorce Petition and if that is allowed by Court then you will have to get Divorce on merit and on merit you should have good evidence against her and it might take long time to get Divorce.
With this a quation of note is, in India to prove Adultery is very much difficult and to prove Electronic Evidence like which you have i.e. Audio call recording is a dicey evidence, sometimes it may work sometimes not, it totally depends on a quality of evidence in terms of law.
You can take all your chances mentioned above.

Advocate Sheetal Pawar LawRato