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Wife filed 498a, DVC and divorce and in live in relationship with her
27-Aug-2025 (In Divorce Law)
My wife filed false 498a, DVC, divorce and is living with her ex boyfriend from last 2 years. Her idea is to obtain divorce and get married to her boyfriend but want to harrass me for rest of cases, I as husband want to either prolong the divorce cases or file criminal case against her. My questions are
1. As a husband can I file police complaint against wife for live in relationship with another man without obtaining divorce.
2. Will police accept my complaint. If not how to proceed further.
Hi there, first you have to gather proof of her living with another person.
There upon you can proceed with using it in your divorce case and even file a complaint.
It's difficult that your complaint will be accepted by the police as they will see it as a personal vendetta due to pending litigations between you and wife.
However, based on details of the case and available evidence we can find better options.
It's advisable to contact me and provide more details to assist you better.
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Adv. Ishan Parashar
Adv. Ishan Parashar
Delhi | 200+ Answers
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Husband cannot file any criminal case against his wife but you can file divorce petition against your wife. if their is settlement arises in the divorce petition then you can file the divorce by mutual consent
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Adv. Sanjay Kumar
Adv. Sanjay Kumar
Delhi | 25+ Answers
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Hello Sir
No, a husband cannot file a criminal case for adultery against his wife in India. While adultery was previously a criminal offense under Section 497 of the Indian Penal Code (IPC), it was decriminalized by the Supreme Court in 2018 in the case of Joseph Shine v. Union of India.
However, adultery remains a valid ground for divorce under the Hindu Marriage Act, 1955. If a husband can prove that his wife has engaged in sexual relations with another person, he can file for divorce on the grounds of adultery. Additionally, if the extramarital affair leads to mental cruelty, it can also be a ground for divorce under the same act. Rest we can discuss in detail what are other criminal remedies
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Adv. Rohit Lakra
Adv. Rohit Lakra
Delhi | 25+ Answers
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If the behaviour of your partner is intolerable towards you can anytime send a complaint regarding your grievances in writing to the police station according to your jurisdiction. And if you wish to go legal and if there's no scope of living together then rather stretching the relationship you should file for contested divorce under the ground of adultery. I would suggest you to go with mutual divorce because it's cost effective and ends up in a maximum of six months.
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Adv. Jitender Singh
Adv. Jitender Singh
Delhi | 1000+ Answers
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Do seek a detailed legal Consultation for your ongoing Litigation cases. Do connect and get the court documents legally perused from an Advocate having expertise into matrimonial Litigation cases. Will take your cases on merits and so our best while representing on your behalf. A police complaint can be filed however if you have proof that can be submitted before the court also
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Adv. Anubhav Kathuria
Adv. Anubhav Kathuria
Delhi | 1000+ Answers
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