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File case against my wife’s boyfriend


22-Feb-2024 (In Divorce Law)
I found out my wife cheating. I have room booking details of them stayed in a single room. Can i file any cases against him and my wife? I want divorce
Answers (3)

Answer #1
284 votes
In India, a husband can no longer file a criminal case against his wife's lover for adultery, since Section 497 of the IPC was struck down by the Supreme Court in 2018, decriminalizing adultery. This means an extramarital affair is not a criminal offense anymore. However, the husband still has legal recourse: he can file for divorce on grounds of adultery under the Hindu Marriage Act, Special Marriage Act, or relevant personal laws, and use evidence of the affair to support his claim. The affair can also strengthen a case for mental cruelty, which is another ground for divorce.
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Advocate Chikirsha Mohanty

Adv. Chikirsha Mohanty

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Answer #2
559 votes

I understand your questions so now you now the charecterlesd of your wife means she have affire with one guy so now you are not interested to lead marititallife right. so you can apply the divorce under bigamy ground but evedance is important she have relationship with her boy friend not only the photes some messages and what's app chat also important .

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Advocate Bhagya C H

Adv. Bhagya C H

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Answer #3
587 votes
Dear Sir, You are advised to file 498 of IPC case against such guy and save your marriage with a warning to your wife otherwise you can go for Divorce.  Section 498 in The Indian Penal Code Enticing or taking away or detaining with criminal intent a married woman.—Whoever takes or entices away any woman who is and whom he knows or has reason to believe to be the wife of any other man, from that man, or from any person having the care of her on behalf of that man, with intent that she may have illicit intercourse with any person, or conceals or detains with that intent any such woman, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
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Advocate Kishan Dutt Kalaskar

Adv. Kishan Dutt Kalaskar

LawRatoBangalore / Bengaluru | 1000+ Answers
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