How can i file a case of adultery against my wife

I had divorced my wife in 2011 in Islamic court in Mysore. She filed a case under 125,the court passed an order for maintenance,which i obliged. In 2016 we compromised in front of the court. Later i came to know that she is in illicit relation with a person. I left her and started living she has again filed a case under 125 for maintenance. Pls help me to file a case of adultery against her in the name of justice and equality

Answers (3)

219 votes

Dear friend,
It's a good case to contest and you taking things and thinking in right approach to save your self from draconian laws, what is real issue is most lawyer will not show interest in such cases , as they fear most about losing it,you better contact our office and talk in person...OFC : Adv Pankaj Kumar & associate..

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130 votes

A case of Adultery can be filed only against a legally wedded wife but in your own statement you have stated that you have Divorced her in 2012. The Divorce before an Islamic Court is valid only if both the parties have agreed to it, if either of the parties has disagreed then the Divorce has to be Declared by the Court of Law by filing a Declaration Suit.
Therefore the fact that you lived with her after the Divorce by Islamic Court is something that need to be clarified in order to give you the right guidance.
Also, in a case for Adultery, your wife will not be penalized but only the Adulterer ( the person she is having an illicit relationship with) is liable to be punished.

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88 votes

Going by your query, you have divorced your wife and are also paying maintenance with the earlier case of Section 125. What were the contents of your compromise? That will determine your legal position today.. As regards adultery, if you were divorced in 2011, then you cannot file a case. If you are still married to her as per the terms of your compromise - then you can file a case.

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