Legal action & procedure to file a case of infidelity of spouse

727 votes

Hi,

In this case, the proof is a necessary material, be that photos, or phone call history, or message or chat screenshots or voice recordings. The legal option before you is to collect proof for the said act of husband, and to inform the husband of that lady about the same, and to manage to file a criminal complaint against the husband for the offence of adultery by the husband of that lady as the complainant. You can use that proof for the matrimonial legal proceedings also, like divorce or maintenance proceedings. It may be noted that, in such a proceedings the said woman cannot be punished, as the said offence is against the male person alone.

However is it highly pertinent to note that, by doing the said actions, your marriage relationship may be broken irretrievably. So it is better to collect the proof and after keeping a copy of such proof with your best friend, you may show it to the husband, and demand the husband to stop that relationship or that you will initiate legal proceedings on it. Also you need inform the husband that you have done kept such a proof copy with your best friend, or your life can be in danger.

Regards,

Sheejish PT,
Advocate,
Ernakulam

Advocate Sheejish P T LawRato

688 votes

Hello,first of all hire a private detective for gathering some evidence.Evem if u r unable to gather evidence file a private complaint u/s 156(3) crpc before a magistrate Court having jurisdiction.U along with 2 Witnesses give statement before it.Make ur husband the accused.u cannot make u husband's lover an accused,( Law say so).Either the court sent ur case to police for investigation or the magistrate will take cognizance and send summons to the accused.Then armed with this case ,u can file for divorce in family court.

Advocate Ajee Rajappan LawRato

831 votes

File a petition before the magistrate court under the protection of women under domestic violence act and make allegation of all those things in that petition. There isnt as such anything u can do as you have no proof! Then when he appears make sure that he won't have any illicit relationship with that women and settle the matter.

Advocate Shyamdeep Shenoy LawRato