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Can I file for divorce if wife is have extra marital affair


21-Sep-2023 (In Divorce Law)
From two years onwards my wife is staying with her mom and doing job we got one 4 years daughter last 6 months onwards we are saying to come to me we will live together but she refused to come, I just enquired about her in my village and I got a information that she got some illegal connection with one person for that I have a proof ,now I want to take diverse please help me
Answers (2)

Answer #1
867 votes
HI
If you have concrete evidence that your wife is having an illicit affair, you can file a case of divorce on the grounds of adultery.
but the fact is your evidence should be very solid and your evidence must withstand the court review.
Hope this helps.
Answer #2
751 votes
HI,
sir first you file a criminal case against that person U/S 497 of IPC under the head adultery.
you apply to the family court for divorce U/S 13 (1) (I) of the hindu marriage act making that particular person as party to the proceedings. so in this situation you are filing against that person as paramour of your wife makeing him as second respondent in the O.P.
as per your query your having evidence you will definitely get divorce from your wife.
but please think about your daughter.

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