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Sammelan Kavi (Software)     18 January 2013

Adultery

What all legal options are available to a man who has caught his wife red-handed with another man? 

I know of IPC 497 that allows him to sue the paramour, but more interested in knowing legal options that he can take against the wife. 

Also, would the reason in Divorce be "Cruelty" or "Desertion"

Thank you for all your help



Learning

 1 Replies

Tajobsindia (Senior Partner )     18 January 2013

Depends after catching what the man (husband) does;

1. Did he create a scene?
2. Did the wife’s paramour tried to run away?
3. Did neighbour were alarmed?
4. Did police arrive at the scene?
5. Did wife’s paramour made to write a confession statement and assurance to behave in future?
6. Did this man’s wife made to write a statement and gave assurance to behave in future?
7. Was wife shown to be caught in vulnerable position while in the act?
8. Were witness statement recorded?
9. Were any time/date stamp pics. taken by man (Husband) showing wife's vulnerable position?

Legal options;

1. Divorce on grounds of ‘adultery” is what man (husband) can file / pray and get .
2. In decree (Judgment) wife’s "adultery" will be mentioned as cause for divorce and how good were the man’s proof to prove her acts of adultry which is one of the valid ground for divorce!
3. A wife committing 'adultery' still has right to maintenance and alimony as per contradictory views among HC’s. This judicial confusion also depends under which HC’s Jurisdiction such grounds cause title matter is filed by the man (husband). Hon'ble SC has still softly kept "desertion by a wife to negate her alimony claims" on higher pedestal than 'her adultry' which means adultry is acceptable but desertion is not as per Lordships !
4. If parties have child(ren) out of the marriage then natural father has better right to claim custody of child(ren) on account of wife’s proved adultery.

Others may add their own views....... [as if above were too little to begin with food for interactions]


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