My Wife Is Having A Extra Matrial Affair

585 votes

You, as a Hindu male, can file for divorce under Section 13(1)(i) and (ia) of the Hindu Marriage Act, 1955, on grounds of adultery and cruelty due to your wife's extramarital affair and desertion. You may also file for custody of both children under Section 26 of the Hindu Marriage Act and the Guardians and Wards Act, 1890, especially if the wife’s environment is not in the best interest of the child. If reconciliation is preferred, a petition for restitution of conjugal rights under Section 9 HMA can be filed. In case the child was taken forcefully or is in danger, a police complaint or Magisterial petition under CrPC Sections 97/98 may be filed. The best course includes (1) filing for divorce, (2) filing for child custody or visitation, and (3) seeking an injunction if needed. Evidence of adultery (texts, photos, witnesses) should be preserved, and retaliatory conduct must be avoided. Legal action should focus on the welfare of the children and lawful remedies.

Advocate Koteshwara Rao LawRato

974 votes

hi if she ran away from the house without informing you and other family members then you could file petition in court for restitution of conjugal rights and for custody of children in court seeking relief

Advocate Baddam Aravind Reddy LawRato