Cheated by husband what legal action can I take against my husband

442 votes

In India, legal remedies available against a cheating husband are as follows:

1. Divorce: If a husband is found to be cheating, the wife can file a petition for divorce under the Hindu Marriage Act, 1955, or the Special Marriage Act, 1954. Adultery is a ground for divorce under both acts.

2. Maintenance: If the wife has been financially dependent on the husband and is unable to maintain herself, she can claim maintenance under Section 125 of the Code of Criminal Procedure, 1973, or under the Hindu Adoption and Maintenance Act, 1956.

3. Domestic Violence: If the wife has been subjected to physical, mental, or emotional abuse, she can file a domestic violence complaint under the Protection of Women from Domestic Violence Act, 2005. This act provides protection to women in marriages, including emotional and economic abuse.

It is advisable for the wife to seek legal advice and take appropriate legal remedies in such cases. She can also collect evidence of the husband's infidelity, such as photographs, emails, or messages, to support her case.

LawRato LawRato

970 votes

yes you can charge him under criminal penal for an offence of adultery.
Moreover you can file a case for maintenance and ask your right.
We can go for a case of domestic violence , by which we can give you a seperate residential place to live.
For more information feel free to have a word with me
All the best

Advocate Sahej Uban LawRato

780 votes

Madam ,
Firstly I want to advise to settle down the issues with your husband/another by talking and as you are saying that you dont want to take divorce you cannot file a petition under ADULTERY which is one of grounds of Divorce.

Advocate Anand Shukla LawRato

562 votes

Since you don't want to take a divorce, you can file a criminal complaint against your husband for adultery and he can be sent to jail. This is a criminal provision and your husband will be adequately punished.

Advocate Tahir Ashraf Siddiqui LawRato

999 votes

Yes you can surely take legal action against your husband. The laws are very strict when it comes to women safety. You can file a criminal case against your husband. As far as divorce is concerned adultery itself is a ground for divorce coupled with cruelty. You can also demand maintenance from your husband.

Advocate Prashant Kumar LawRato

708 votes

Yes, you are fully competent to file a FIR against your husband and that women under the provisions of adultery. In such a situation they will be punished for the offence what they had committed only.
But make your mind properly before taking such step, it could lead to divorce filing from your husband aide as counterblast to your legal step.
Better option would be assemble all the senior personals of your and your husband's family members and put before them all the allegations with proof. If they will be unable to resolve your problem than go to court or police station.
With regards
Best of luck.

Advocate Salil Tripathi LawRato

441 votes

The Section 497 IPC criminalised the act of adultery, by placing culpability upon a man for engaging in sexual relations with another's spouse. Adultery is punishable by a maximum of five years in prison. Women, as well as consenting parties were exempted.

Advocate Chikirsha Mohanty LawRato