Need a advice in Adultery case

509 votes

Based on the facts presented, you have strong grounds for divorce under multiple legal provisions. Your situation indicates clear evidence of adultery (Section 13(1)(i) of the Hindu Marriage Act, if applicable), as your wife engaged in an extramarital relationship during the lockdown period of 2020. Additionally, her voluntary departure from the matrimonial home, refusal to maintain physical or communicative relations for over a year, and establishing a separate residence constitute desertion under Section 13(1)(ib), which requires a minimum period of two years of continuous desertion. in same house also no cohabitation. desertion can be proved. The complete breakdown of the matrimonial relationship — absence of cohabitation, communication, and conjugal rights — further supports grounds of mental cruelty as recognized by the Supreme Court in numerous judgments. Regarding your two minor children (aged 8), you may petition for custody. Courts prioritize the child's welfare, and given the mother's prolonged absences and separate residence, you have reasonable grounds to seek primary custody. Recommended immediate steps: Preserve all evidence of adultery and desertion Consult a local family court advocate File for divorce and simultaneously apply for interim custody You have a strong case. Act promptly.

Advocate Neha Gupta LawRato

648 votes

Okay, now you tell me whether you want to take a divorce from your wife or you want to file a complaint against her because of her affair, we can deal with both these options in this case. Thank you for contacting us

Advocate Anmol Sharma LawRato

866 votes

the husband may consider filing a divorce petition on grounds of cruelty and, if supported by credible evidence, adultery under the Hindu Marriage Act. Mere suspicion or the fact that a colleague gives your wife a ride is generally not sufficient proof of adultery; courts require convincing evidence. The parties have been living separately, have no marital relationship for about a year, and communication has broken down, which may support a claim of mental cruelty. Since there are two minor children, issues of custody, visitation, maintenance, and their welfare will be important. The husband should collect relevant evidence and consult a local family-law advocate before initiating legal proceedings. Each case depends on its specific facts and available evidence.

Advocate Usha Gehlot LawRato

762 votes

the strongest ground appears to be mental cruelty arising from prolonged separation, refusal of marital obligations, and complete breakdown of matrimonial life. The allegation of an extramarital relationship should be pleaded only if there is reliable evidence; otherwise, an unproved allegation may weaken the case.

Advocate Raman Sahu LawRato

905 votes

helo i am advocate Ajay Godara form Hisar Haryana mana app ki puri detail check kar le ha please case ki puri detail send Kara taki ham app ki puri help kar saka app hame whtup ya email kar sakta hai app ki puri help ki jaya ge

Advocate Ajay Godara LawRato