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tvrao (engineer)     12 September 2015

Divorce for adultery

Kindly someone advise please! This case refers to my brother-in law. He got married some 12yrs back and blessed with two children also. He is a farmer and not educated much. His wife is more educated than him, looks beautiful and have desires beyond his capacity. From last 2/3 years somebody from a neighbour village trapped her and she began to make phone calls & chat secretly. Many times they met each other but can not be evidenced. She was caught while talking to him twice. Recently when it happened again, he told her that he can not live with and to leave the house. With the confrontation she left the house and do not the whereabouts. Next day he lodged a missing complaint in the police station. He has information that she is hiding with her new friend/ relationship & the case is now with police. What will the solution for this case? Can he apply for a divorce after her identification by the police? What evidence is required except her phone records? What is the way if she files a reverse case of harassment Kindly advise


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 3 Replies

saravanan s (legal advisor)     12 September 2015

if you have recording of her confession that she is indulging in illegal affair with someone, chats and recordings that when read  will be such nature that it would instill doubt about the nature of relationship, any proof that shows that they have spent considerable time all alone in some place.with these proofs you can file adultery case on your wife


(Guest)

sorry. under indian law a woman cannot commit adultery. you can file a divorce case on the ground of cruelty.  phone record may not be adequate evidence. sue the man for adultery and file a divorce petition against your wife.

saravanan s (legal advisor)     13 September 2015

with these proofs you can file adultery case on your wife

sorry i meant to say divorce case on grounds of adultery on wife.you can also add cruelty as a ground. if you want you can file a case of adultery on your wife and her paramour u/s 497 ipc.but under this section only the paramour of the wife can be punished but not the wife


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