your husband has shared the information that is correct that adultery is not a crimne but if you can prove it no one can save him from monetary loss and property loss which you can easily obtain over divorce, you can ruin him financially
Adultery case - can I file complaint against both my husband and his coworker who is also married
Dear all, Recently last week , i got to know my husband's and his corporate affair , betrayals and cheating me for past 1 year. That woman is also married, applied for a divorce in August month. Later ,my husband put a petition under section 9 in HMA as i was in Bank training period, staying away from my husband past 1.5years. Though i used to visit every month on 2nd and 4th Saturdays. Just before receiving the Notice..i took transfer and started staying with my in laws from October month. Meanwhile my husband didn't stayed under one roof till Nov 21st, as 21st Nov was the date to confront in front of Family court. Exact on that day, i accompanied by my mother and in laws ( in laws are in my favor) ,where he withdrew and closed the petition and shared a signed copy. But even after that day, he never spoke to me, or tried to resolve things rather he was ignoring, abusing and mentally torture saying he has no relation and stop doubting. I, in a guilt ship continued working but on 29th December, i got his phone screen open ( which was earlier locked with a password) and to my shocked, i found many closed pics, whatsup chats in his phone, i managed to take everything possible into my phone. All of sudden he came back, he started creating drama and fake tears that he will resolve this matter with that woman in 2 months. When i shared the chats and pictures with my family members, they asked me to come back to Jaipur as they feared that my husband and that woman might plan something that will harm my life. Now currently, we dont want to continue. Also i want to take legal action against that woman. But my husband shared last text that adultery in not a crime in India. They are living in an independent flat,,my husband sometimes comes to his home to change dress. My in laws are by my side, but father in law dont want to take legal action as father as being mean that my husband gives 20000rs per month.. i am living with my single mother, who now fears and dont want me to continue this relation with him. Please suggest my rights against both the parties. Also i have decided to drop a mail to his office HR. Regards, Surya.
Asked 4 years ago in Family Law
Religion: Hindu
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18 Answers
Can't i take legal action against that girl ?
Asked 4 years ago
You can file for divorce on grounds of mental cruelty and adultery
2) make his lover co respondent in divorce case
3) seek interim maintenance and alimony from husband
4) also file DV case against your husband seek maintenance, alternative accommodation and compensation for mental torture undergone by you
Adultery is no longer an offence
2) you can file for divorce on grounds of mental cruelty and adultery and make lady party to the case
So far adultery from the wife is concerned you can file case of divorce against your wife adultery my wife is only become the ground for divorce it is not punishable now.
Consensual relationship is not punishable now so any case against the person with whom your wife have the relationship cannot be made out
See firstly you cannot take any action against that girl you can just.make her respondent in divorce case on ground of cruelty.
Further you can file a complaint against your husband for cruelty harassment and torture with police and can register FIR.
Also can file divorce on ground of adultery and cruelty though if he us ready for mutual divorce and give you handsome alimony then it is better to separate peacefully and lead good life.
Also in case you are not earning pending the cases you can file for maintenance.
Dear Madam.
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.
adultery case under Indian law cannot be filed against them as in India adultery is only when a man has relationship with married women and also the women cannot be charged for adultery though it can be ground for divorce.
yes and no both, no you cannot directly, yes you can through a plan
Well, before declaring adultery unconstitutional, it was crime for men only who have affair with married women. Women having a illicit relation with married men - no offense.
She is in no way harmed you physical so you can only file FIR of criminal conspiracy agasint her that at teh instance of her, your husband torturing you physically and mentally and to get from this relation, husband along with her is planing to kill/harm you.
You have her adultery proof. Can apply for divorce on the ground of adultery and claim compensation. Recovery of whatever given in marriage.
Maintenance/rent etc.
If you have where about of women, where she works etc than some damage to her reputation and job possible. And if husband is in govt. job than to him also.
Criminal complaint on adultery cannot be filed now. You can file divorce case on the ground of adultery now. If you are Christian you can make the said lady party to your divorce case
Your husband is right in his views that adultery is no more a crime or a criminal offence as per law, hence you cannot take any action against him for his extra marital affairs with the other female.
You can however initiate divorce case agaisnt him on the same grounds by producing the documentary evidences you possess about his adulterous life and impleading her as second respondent.
You may feel cheated but you cannot do anything about it since by a judgment supreme court has knocked down the criminal provisions criminalizing the adultery as an offence.
If you cannot take any action against your husband for this act of adultery then you cannot take any action against that woman too.
Adultery is a valid ground for divorce. Section 13 of the Hindu Marriage Act provides for different grounds for divorce first of which is adultery. No action for having illicit relation with her husband can be initiated against the women.
1. Section 497 of Indian Penal Code which criminalised adultery has been struck down as unconstitutional by the Supreme Court. So no criminal case can be filed for adultery.
2. Adultery is now just a ground for divorce. You are free to file for divorce. Expenses of litigation can also be claimed by you from him.
3. Complaint case in the competent court can also be filed by you under Domestic Violence Act, 2005 to seek maintenance, monetary compensation for all the acts of domestic violence and also alternate accommodation at your husband's expense.
No action can be taken against the girl.
1. Adultery is no longer treated as an offence as per the Judgement passed by the Supreme Court or which section 497 of IPC has been deleted.
2. You can file a divorce suit against your husband on he ground of cruelty.
3. It will be prudent on your part to negotiate with him and jointly file a mutual consent divorce petition on agreed terms which will be decided witrhin 6 & 1/2 months from the date of its filing, if you wantb to terminate the matrimonial relationship you have with your husband.
4. Dropping a mail to the HR of his office will only cause defamation to him but will yield no fruitful result for you.
1. No legal action stands against the said girl since as per law she has not committed any offence/crime.
2. Moreover, if you unduly involve her and publish/propagate her name in a scandalous way then she can sue you for defamation.
1. Your husband is right that adultery is not a crime in India now but it can be treated as cruelty against you.
2. You should file domestic violence case against your husband and claim compensation for damage suffered.
3. You cannot take legal action against that girl until she comes in direct contact with you.
