Wife affairs with a men from last 4 years I don't want divorce

638 votes

​Guidance on Saving Your Marriage and Handling the Situation ​It is completely understandable that you are going through a highly stressful time, and it is commendable that your priority is to save your marriage rather than seek a divorce. Since your goal is reconciliation and dealing with the external interference, here are the legal avenues and steps available to you under Indian law: ​Restitution of Conjugal Rights (RCR): Since your wife has stopped talking to you and is drifting away, you can file a petition for the Restitution of Conjugal Rights under Section 9 of the Hindu Marriage Act (or the corresponding provision under your personal law). This is a legal remedy where the court, after examining the case, can direct your wife to return to your matrimonial home and cohabit with you. It serves as a formal legal step to show your willingness to save the marriage. ​Legal Position Regarding the Third Person: Please note that the Supreme Court of India has decriminalized adultery (striking down Section 497 of the IPC). This means you cannot file a criminal case against the third person simply for having an affair with your wife. However, if this person is actively threatening you, harassing you, or trespassing into your home, you can lodge a police complaint for criminal intimidation. ​Civil Injunction: If the third person’s interference is destroying your peace of mind, you may consult a lawyer about filing a civil suit for an injunction to legally restrain him from interfering in your family affairs or entering your property. ​Mediation and Counseling: Since you have been working outside your hometown, a communication gap has naturally widened. You can request the court for matrimonial counseling or mediation. A professional mediator can help bring both you and your wife to the table to discuss the issues safely and amicably. ​Recommended Next Steps: Collect any available evidence of the interference (such as call logs or messages) to protect yourself legally. It is highly advised to formally consult a family law expert through this platform to draft a legal notice or file an RCR petition to systematically address the situation.

Advocate Syed Badrul Ashad LawRato

860 votes

Avoid direct conflict with the third person. Speak to your wife calmly and honestly, express your willingness to save the marriage, and suggest counselling or mediation with trusted family members if necessary. Do not threaten, harass, or take any illegal action against the other person. If the relationship continues to affect your marriage, consult a family lawyer to understand your legal rights while still making sincere efforts at reconciliation.

Advocate Dharmananda Deb LawRato