Procedure to file case for the cheating by husband.

557 votes

There are many a things which you cand do at this juncture since you have been deeply broken by your husband. You can initially complain to the police but the police may not take action as this offence is non cognizable but you can file a complaint case before a concerned magistrate u/s 200 R/S 190 of Crpc so as to make him culpable for his sinner crime .

Advocate Suneel Kumar LawRato

942 votes

so, what exact action do you wish to take?

considering you have posted this query on a legal site, i will be giving you a legal way out.
You can file a case under section 13 (1)(i), of the Hindu marriage act, which covers, adultery as a ground for divorce.

if you have proper proofs you can very well prove your case and seek proper relief, along with that file a case under the section 125 Crpc for maintenance and subsequently, under domestic violence act.

Or you can talk to the husband, ask him to file a divorce case with mutual consent under section 13B, if you both wish to get separated.Just that in mutual consent, the remedies w.r.t. maintenance and custody becomes negotiable.

Advocate Tanu Singhal LawRato

884 votes

well then that depends how you wan to proceed. if you want a divorce it can become a ground. if you want to file a complaint against him for bigamy it can also be done. But then tha depends on hoe you want to go forward with it.

Advocate Shobhit Bhatia LawRato

167 votes

1. Consult an Advocate:
   • If you suspect your husband of cheating, consult with an experienced family law advocate. They can guide you through the legal process.
2. Collect Evidence:
   • Gather evidence of the cheating, such as text messages, emails, photographs, or witness statements. Strong evidence is crucial in such cases.
3. File a Complaint:
   • Depending on the severity of the cheating and its impact on your marriage, you can file a complaint. This can be done under various sections of Indian law, such as Section 498A (cruelty). Consult your advocate to determine the appropriate section to invoke.
4. Police Complaint:
   • If you believe your husband's actions constitute a criminal offense, you can file a complaint with the police. The police will initiate an investigation based on the evidence provided.
5. Consult a Marriage Counselor:
   • It may be helpful to engage a marriage counselor or therapist to attempt reconciliation before pursuing legal action.
6. Maintenance and Alimony:
   • In the event of divorce, you can seek maintenance or alimony, especially if you have been financially dependent on your husband.
7. Divorce Proceedings:
   • If reconciliation is not possible, you can initiate divorce proceedings. Adultery can be grounds for divorce under certain circumstances.
8. Consult Your Attorney for Legal Strategy:
   • Your attorney will help you formulate a legal strategy based on your specific situation. They will guide you through the legal complexities of such cases.
9. Protect Your Rights:
   • It's essential to protect your rights and interests during the legal process. Your counsel will advocate for you and ensure your concerns are addressed.

Advocate Chikirsha Mohanty LawRato

102 votes

The Section 497 IPC criminalised the act of adultery, by placing culpability upon a man for engaging in sexual relations with the wife of another person. Adultery is punishable by a maximum of five years imprisonment.

Advocate Chikirsha Mohanty LawRato