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How can a person accusing the spouse of adultery prove it


04-Aug-2023 (In Divorce Law)
My boyfriend wants to divorce his wife and marry me. But his wife said she will not give an easy one. She will file a case against him for adultery and keeping extramarital relationship with me. Will she have to prove this before the court? What can happen if she proves my boyfriend guilty? By the time we got closer to each other his wife also had sexual relations with another guy which she denies. My bf wants to get an easy and peaceful divorce by showing no fault against his wife but she is making all complicated. Can my bf get a contested no-fault divorce even if his wife tries to prove him guilty in front of the court?
Answers (2)

Answer #1
757 votes
Adultery u/s 497 IPC against husband by the wife is not maintainable under the law. This privilege is conferred upon the husband to bring a criminal proceeding against the man who had sexual intercourse with his wife. The husband can have sexual relationship with any woman. In your boyfriend's case, he can either go for MCD or contested divorce on the ground of cruelty.
Answer #2
946 votes
Ask your boyfriend to file a divorce petition before the Court and contest it if his wife also wants to contest it. Any allegations brought before the Court is subjected to prove. Everyone need to prove that, even you may be summoned before the Court if the lawyer of the wife wants!

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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