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Cheating/ adultery Wife living with 3rd person in Delhi


02-Oct-2025 (In Divorce Law)
Wife is living with advocate Amit , gagan vihar Delhi She has left her home in May 2025 . Connected with him via ISKONTaken away daughter 4 yrs with her . Left son of 8 yrs in Nagpur. Lying with all . Not telling she is there only. Husband is family person. Advocate has 11 yrs old son. On asking him by any person on phone, he says I don't take any case. Dont call me . She is neither filing divorce. Taking advantage of India legal system. Please guide
Answers (5)

Answer #1
928 votes
I understand this is a very serious and sensitive matter. In India, adultery itself is no longer a criminal offence (after the Supreme Court's 2018 judgment striking down IPC Section 497). However, it can still have major legal consequences in family and matrimonial cases, especially in divorce, child custody, and maintenance. Here's how this situation applies in Delhi: 1. Divorce Grounds Under the Hindu Marriage Act, 1955 (if you and your wife are Hindus), adultery is a valid ground for divorce. You can file a divorce petition in the Family Court, Delhi, citing adultery and/or cruelty if she is living with an person.
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Advocate Mahrukh Khan

Adv. Mahrukh Khan

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Answer #2
879 votes
The husband here has two options if he wants the wife back he should file for restitution of conjugal rights or if the wife is not ready to comeback and the husband and wife both want divorce file for divorce on the grounds of adultery and cruelty.
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Advocate Moksh Jain

Adv. Moksh Jain

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Answer #3
702 votes
Well, at the max, you can seek Divorce from your Wife, if you want to get rid of your own frustration seeing her with him, you cannot file any Criminal Case against them, as Adultery is not a Crime in India, at the max, the affected spouse from Adultery can seek Divorce!
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Advocate Pankaj Bajaj

Adv. Pankaj Bajaj

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Answer #4
915 votes
Dear client based on your query, You can file a petition for Restitution of Conjugal Rights under section 9 , before the family court seeks to ensure that the wife resumes cohabitation, if reconciliation is desired. For further detailed discussion feel free to connect with us.
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Advocate Kalpana Sanap

Adv. Kalpana Sanap

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Answer #5
908 votes
you can file for divorce . or send legal notice for restitution of conjugal rights. you can also file for custody or access of your child. but you have to pay maintence to child and wife in court if court orders.
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Advocate Ranjan Rajgor

Adv. Ranjan Rajgor

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