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Adultery by wife

Page no : 2

Sudhir Kumar, Advocate (Advocate)     27 August 2023

You can file case for divorce.  Atleast do so.

Aditi Ananya   09 December 2023

Adultery is a legitimate basis for divorce, meaning that if one spouse commits adultery, the other party may pursue a divorce on the basis of this alone, even if the offence is decriminalised by Section 497 of the Indian Penal Code. The Hindu Marriage Act, 1955 states in Section 13(1)(i) that if a husband or wife engages in s*xual relations with someone other than their spouse after the marriage is solemnised, they have committed adultery and have a valid reason to file for divorce.
According to Section 34 of the Indian Divorce Act, 1869, the respondent may file for divorce or judicial separation, or he may simply file for damages without seeking any further remedy, against anyone who has committed adultery with his wife. Both the adulterer and the wife would receive notice of the petition. Nevertheless, under Section 35, there are several circumstances in which the adulterer is not required to pay. The Hindu Marriage Act of 1955 does not have a clause like that.
Unfortunately, unlike for women, there is no explicit statute that protects husbands against abuse or violence. However, there are a few legal options available to a husband in order to obtain justice. It is critical to prove that you are a victim of mental harassment. It is critical to collect all evidence. Under the Hindu Marriage Act of 1955, mental harassment and cruelty are grounds for divorce. Moreover, any wife who commits immortalised acts under adultery laws is not entitled to or receives support from her husband.


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