1.The proofs you're talking about is enough to prove her adultery for the purpose of dissolving your marriage.

2.This is also enough to initiate a criminal case under section 497 IPC against her paramour which would help you in divorce suit as well.

3.Howeevr in the criminal case the actual physical relations is required to be proved.

4. If you retain your son with you then it would help you in all respects.otherwise you will have to file custody suit as well.

5.DO not sit idle and initiate legal proceedings as stated above .Else Your wife may start filing false cases.

Feel Free To contact for further assistance.

1)divorce by mutual consent is best option but refuse to pay huge amount demanded by her

2) you can file for divorce on grounds of mental cruelty and aultery if settlement talks fail

3) seek custody of your son

4) you have to prove allegations of adultery made in divorce petition . Make her lover co Respondent in divorce case

5) contested divorce cases take 5 years to be disposed of . Mutual consent divorce takes6 months

Respected sir...

You have sufficient proff to prove her Adultery as you have chat and audio recording just keep them safe they will help you in both divorce and Adultery..

Sir the best thing is to get divorce From such women but not in lew of giving huge amount..Ask her simply to reduce that amount and if she denies the first lodge FIR against her for Adultery under section 497 of IPC along with proffes of her ...And After that File divorce petition under section 13-A of HMA ...She will be on her knee's in front of you ... Don't worry just go ahead

Thanku

Dear Concerned,

You may choose to file case of divorce under cruelty and taking Adultery as ground however the facebook and watsapp chat should be strong enough to show the relationship between your wife and another man.

Mutual Divorce is any day better as long as you dont have to pay huge amounts. You may choose to file contested divorce blaming your wife for adultery.

Best of luck

Hi

Wife is not entitled for adultery, means she cannot be convicted for adultery , here adultery can only be the ground for divorce.

So go ahead for filing a divorce petition on basis is adultery and mental cruelty.

Donot worry, you will get justice.

Thank You

Dear Friend,

1.You need only mutual divorce. If she in mood then get it as soon as possible since she may file number of cases

you.

2. it may cost you but there is no alternative.

3. Proving adultery is very hard. Be cool and take decision as I said.

You may present a petition for divorce under cl. (i) of sub-sec. (1) of section 13 of HMA , on the ground of not only Adultery but also Cruelty as well for the judicial separation , if you have sufficient proofs against her for Adultery.

Cruelty already has done by her , as you father committed suicide due to the cruel behaviour of your wife.

Suggestion : Better you try for mutual divorce after lowering the demanded amount by her , if , she not agreed to accept the offered amount by you , then there is only way to go for divorce on the above ground.Try to collect more and more evidence against her conduct of Adultry before filing the case against her.

Once , adultery will be proved , then she will not get any relief from the court except the Divorce.

Hello,

Adultery case (criminal) will be filed against the person with whom your wife is having physical relationship.

File a divorce on the ground of cruelity, adultery/ extra marital relation also amounts to cruelty. Make that person also a party to the divorce case. Accordingly tell that person that if you don’t concede before the court then you will filw criminal complaint.

Once he concedes you will not have to give any alimony.

Regards

1. You shall have to decide as to what course of action you want to take since both the options are open to you.

2. You can file a police complaint of adultery against her paramour bringing the charge of adultery against him with your wife after submitting irrefutable evidence in support of your said allegation.

3. If the said adultery charge is proved, you can file a divorce suit on the ground of cruelty and adultery and in that case you won't have to pay any amount towards her maintenance or compensation.

4. For proving adultery, evidence of having physical relationship out of her wedlock and without her husband's consent is required and such evidence can be in the form of audio/video recording or can be circumstantial evidence like signature of both of them in a Hotel Register while booking a room and spending a night therein.

5. Falling in love or running an affair with out establishing physical relationship will not be considered as adultery by the paramour of your wife.

6. Alternatively, you can agree to jointly file a Mutual Consent divorce petition at agreed terms which will be decided with in 6 & 1/2 months from the date of its filing.

Dear User

You have to take the final decision.

Your query is answered in two parts here under:

First Part:

If you want to go for MCD it is an ideal one and you will close the issue for good and lead a peaceful life.

Second Part:

In order to contest the issue and attack through Adultery, you need to have material documents & proofs. The details shared by you may not be palatable. There is an element of doubt when it goes to court of law. We are not saying that it is not valid, but from the point of view of the Court's perception.

Other possible suggestion to attack her is, go for hiring a professional Detective Agency and through them obtain some documentary evidence i.e., photos etc., to support your case.

Through this procedure you may have to face very hard resentment and repercussions from her.

Finally choice is your's.

May God Bless You

1. Watsapp chat and FB messages can be led in evidence if a certificate of their authenticity is furnished under IT Act. You can file a petition for dissolution of marriage on the ground of adultery.

2. A criminal case for adultery under Section 497 IPC can also be filed against the paramour of your wife.

3. The only remedy for you is to file a petition for dissolution of marriage unilaterally if you want divorce but your wife is not ready to do it mutually,

If you are not willing to pay any amount to her towards alimony, you may refuse her offer for mutual consent divorce and may plan to file a contested divorce case.

Please be aware that chat messages or voice recordings are not admissible as primary evidence to prove her acts of adultery.

Hence you may file a divorce case on the grounds of mental cruelty due to her adulterous life and may plead that the fb and whatsapp chat messages are evidence to establish her acts of adultery.

1. It is unfortunate that you cannot lead a happy life and also you are facing the mental trauma for almost 15 years. Just after 1 year of your marriage, your wife started misbehaving.

2. Divorce in India is no longer the rare breed of animal we get to hear about in a distant world. ‘Divorce’ or the big D word is now heard more frequently than before.

3. Whatsapp chats, facebooks chats and voice recording can used as a secondary evidence in court to prove that your wife is guilty under adultery.

4. You say that your wife is demanding huge money for mutual divorce. So for that you can lodge a complaint under section 385(extortion) of Indian Penal Code for demanding huge money.

5. I would suggest you to file a mutual divorce as mutual divorce proceeding takes 6 months time to settle. All child custody and maintenance aspects can be decided mutually in mutual divorce.

GOPAL VERMA

ADVOCATE ON RECORD

SUPREME COURT OF INDIA