Can divorce be filed on the basis that wife is cheating

780 votes

First thing that divorce case will not filed with in one year of marriage . If u want to file before one year u have to take permission from the court.
Second thing u can not file case against wife on the basis of adultery , u can file on the basis of mental curely which she gave u by having extra marital relationship.

Advocate Raghav Sharma LawRato

611 votes

I take cheating as adulterous relationship. If so, then yes this is a very strong point indeed to approch court of law to obtain divorce. Its obvious that you have to prove got cheated by your wife...

Advocate Gagan Jindal LawRato

588 votes

Hi,
You may file the case but in general practice no case is entertained by the court within one year of solemnisation of marriage. So, you are suggested to wait and gather as much proof as possible and file the case thereafter.

Advocate Ganesh Singh LawRato

644 votes

yes u can file a divorce case against your wife on the ground of cheating. Although your wife is involved with some other person outside her wedlock but till date Indian Laws does not consider women guilty of adultery. Only a guy can be convicted under adultery charges if he has sexual relations with any other married women without the consent of the husband of that lady, in such cases women cannot be punished as abettor. U must have read in the newspapers of late that even Supreme Court had to take cognizance of this gender bias which our legal system has been carrying of since ages. So my friend u cannot charge ur wife guilty of adultery but yes for sure this can be a good case for seeking divorce on grounds of cheating.

Advocate Shikhar Vats LawRato

461 votes

In many jurisdictions, including India, infidelity or cheating by a spouse can be one of the grounds for filing for divorce. If you believe that your spouse's infidelity has irreparably damaged your marriage, you may consider filing for divorce on the grounds of adultery. Here's how divorce based on a cheating spouse works:

1. Consult an Attorney: The first step is to consult with a qualified divorce attorney who specializes in family law matters. They will guide you through the legal process and help you understand your options.
2. Collect Evidence: To establish a case for divorce on the grounds of adultery, you will need evidence to prove that your spouse engaged in an extramarital affair. This evidence can include text messages, emails, photographs, witness testimonies, or any other relevant proof.
3. File a Divorce Petition: Your attorney will assist you in preparing and filing a divorce petition in the appropriate family court. In the petition, you will need to specify the grounds for divorce, which, in this case, is your spouse's adultery.
4. Service of Notice: After filing the petition, your spouse will be served with a legal notice, informing them about the divorce proceedings. They will have the opportunity to respond to the allegations.
5. Legal Proceedings: The court will conduct hearings to examine the evidence and arguments presented by both parties. If the court is satisfied that adultery has occurred and that the marriage is irretrievably broken, it may grant the divorce.
6. Division of Assets and Custody: In addition to the divorce itself, the court will also address issues such as the division of marital assets and, if applicable, child custody and support arrangements.
7. Final Decree: Once all legal matters are resolved, the court will issue a final divorce decree, officially ending the marriage.

It's important to note that divorce laws and procedures can vary from one jurisdiction to another, so it's essential to consult with an attorney who is knowledgeable about the laws in your specific area. Additionally, divorce can be emotionally challenging, so seeking counseling or support during this time is also advisable.

Advocate Chikirsha Mohanty LawRato