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What Legal Action Can I Take Against My Cheating Husband?
14-Jun-2024 (In Family Law)
You generally cannot file a criminal 'adultery-or a simple 'cheating-criminal case just because your husband is having an affair: the Supreme Court struck down adultery as a criminal offence in Joseph Shine v. Union of India (2018), and the new penal law Bharatiya Nyaya Sanhita (BNS) does not re'criminalise adultery, while procedural rules sit in the Bharatiya Nagarik Suraksha Sanhita (BNSS). 'cite'turn11search0'turn3search4'turn3search3-Instead, adultery remains a recognised ground for matrimonial relief (e.g. divorce under Section 13(1)(i) of the Hindu Marriage Act) and you can pursue civil/family remedies (divorce, judicial separation, injunctions, monetary relief, custody) and protection orders under the Protection of Women from Domestic Violence Act, 2005. 'cite'turn14search2'turn10search0-Criminal prosecution may still be possible only if the conduct involves distinct offences (fraud/cheating, sexual exploitation by deceit, stalking/harassment, defamation or related BNS offences) or violations of BNSS procedure -those require evidence and legal assessment. 'cite'turn5search0'turn3search3-Consult a family lawyer to decide the best civil remedies and whether any other cognizable offences apply in your facts.
In India, while adultery is no longer a criminal offense after the 2018 Supreme Court judgment striking down Section 497 of the IPC, it still remains a valid civil ground for divorce under Indian personal laws such as the Hindu Marriage Act, 1955 and the Special Marriage Act, 1954.
If you suspect or have evidence that your spouse is cheating, you can file for divorce on the grounds of adultery. During divorce proceedings, adultery can also be used to contest maintenance or claim child custody, as the court may consider the spouse?s conduct.
Additionally, if the infidelity involves mental or physical cruelty, you can file a case under the Domestic Violence Act, 2005, and seek protection orders, compensation, or residence rights. In some cases, a spouse may also choose to file a civil suit for damages if the affair has caused emotional distress or defamation.
Legal Remedies for a Wife Against a Cheating Husband in India
If a husband is cheating, the wife has several legal options under Indian law:
- Divorce ? Under the Hindu Marriage Act, 1955, and the Special Marriage Act, 1954, adultery is a valid ground for divorce. The wife can file a divorce petition if she chooses to end the marriage.
- Maintenance ? If the wife is financially dependent, she can claim maintenance under Section 125 Code of Criminal Procedure, 1973, or the Hindu Adoption and Maintenance Act, 1956.
- Domestic Violence Complaint ? If the wife has faced physical, emotional, or mental abuse, she can file a complaint under the Protection of Women from Domestic Violence Act, 2005. This law provides relief, including protection orders, residence rights, and financial compensation.
What Can the Wife Do?
- Consult a lawyer to understand the best legal course of action.
- Gather evidence (such as messages, emails, or photographs) to support her case.
- Decide on the next steps, whether it's divorce, maintenance, or legal protection.
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Adv. Chikirsha Mohanty
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- Claim Maintenance – You can file for maintenance to secure financial support.
- File a Domestic Violence Case – Under the Protection of Women from Domestic Violence Act, 2005, you can seek a separate residence, protection, and other legal remedies.
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