What to do if wife has extra marital Affair

95 votes

If your wife had an extramarital affair and has admitted to having the same and there is evidence such as call data and video recordings to support this, you have a few options:

1. Communication and Counseling: It may be beneficial to have open and honest communication with your wife about the situation. Consider seeking marriage counselling to address the underlying issues and work towards rebuilding trust and understanding.

2. Judicial Separation or Divorce: If reconciliation is not possible or desired, you may choose to pursue judicial separation or divorce depending on the personal law applicable to you.

3. Evidence for Divorce Proceedings: If you decide to proceed with a divorce, the evidence you have, such as call data and videos, may be relevant in proving adultery or other grounds for divorce. Share this evidence with your lawyer, who can advise you on its admissibility and how it can be presented in court.

4. Division of Assets and Child Custody: In the event of a divorce, you may need to address matters such as the division of assets, property, and child custody.�

It is crucial to consult with a family lawyer who can provide personalized advice based on the specific personal laws and procedures applicable to you.

LawRato LawRato

737 votes

Hi
In cases of extra marital affairs, courts generally counsel parties go for mutual consent divorce with the condition that the person who abused the marital relationship is granted divorce without alimony.

Advocate Rajagopalan LawRato

920 votes

Hello Sir,
wife excepted the mistake in that case you can take divorce as of today latest judgment you cannot book her under section 497 Adultery but you can take other legal steps which she have to face on her own divorce by mutual or litigation you can file but Adultery is no more an offence. i can explain you in detail in our meet.
Thank you

Advocate Thakur Anoop Singh LawRato

905 votes

Dear,

As you believe that the call data and the concerned video is enough to prove that your wife is involved in adultery, file for divorce under adultery ground. As now, filing of a criminal case against your wife's paramour may not be possible as recently, Supreme Court struck down Section 497 IPC as constitutional deciding that adultery is no longer a criminal affair. Therefore, file divorce petition under the ground of adultery and get rid of your wife.

Advocate B. Srikiran LawRato

87 votes

It may be impossible to file a criminal complaint against the lover of your wife as Supreme Court has recently declared Section 497 IPC unconstitutional, stating that adultery no longer constitutes a crime. File divorce petition on the grounds of adultery to get rid of your spouse.

Advocate Chikirsha Mohanty LawRato