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Legal action against husband for having extra marital affairs
14-Feb-2023 (In Family Law)
Hi , My work place is 50 km from home .Recently I got to know that my husband is having affaire with his colegue & she is also married .After I went to office , some times they are meeting in our house & some times my husband going to her house.I have video recording showing my husband & her lady colegue entering in to my house in the afternoon time .Is this video evidence enough to prove illegal affair ?.I read some where saying that even if we caught them red handedly in my house in the day time ,as per law its not treated as illegal affair is this true .what are other evidence needed to prove illegal affair .One more I don't have sexual relationship with him from past 6 months ,Is this point will help my husband to defend illegal relation or ask for divorce ? .
Apart from the evidence in your hand; your version is to be corroborated with other independent witnesses ( probably ur neighbours witnessing your husband and his girl friend entering into your house in your absence ) if the husband of your husband's GF files the car against your husband andi his wife it makes a good move andi basing on such evidence u can seek divorce.
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Adv. Durga Prasad
Vijayawada | 25+ Answers
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What is the punishment for extramarital affairs?
Adultery is punishable by death
Section 497 punishes with imprisonment of up to five years or a fine. As mentioned above, the Supreme Court of India struck down this section in the landmark case of Joseph Shine V. 22 May 2023
Is extra-marital affair legal?
In India, there is no law that prohibits extra-marital relations. However, adultery was considered a crime until September 2018, when the Supreme Court of India declared this unconstitutional. Adultery is still a legal basis for divorce, and it can have social and legal consequences for women. 28 Mar 2023
What if my husband has extra marital affairs?
Take your time. You may be eager to know what happened but dont get into the details right away. It could be dangerous to do so without professional guidance, such as that of a marriage counsellor. 16 Feb 2023
Is adultery a crime in India 2023?
The court also ruled that adultery is not a crime. If it were to be treated as a criminal, the privacy of the matrimonial realm would be invaded. The CJI stated that it is best to leave the matter as a divorce ground. 17 Nov 2023
Adultery is the genuine ground. For grant of divorce. I advise you to contact your husbands lady colleague's husband and bring it to his notice for proper action to be taken. That would help you with your case.
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Adv. Pavan Kumar Nadipelli
Hyderabad | 25+ Answers
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Your video recording about your husband illegal affair with other lady is certainly a ground of cruelty for your divorce. He is neglecting you also as you said that you have no sexual relation with him since 6months also a ground.
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Adv. P V Reddy
Vijayawada | 100+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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