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swati   11 January 2016

Breach of trust

Hello Experts,

I need your suggestions. I want to file a case against my husband for cheating me.

I have few evidences which shows that he is in sxl relationship with another unmarried girl.

My questions are –

1. Can I book him under adulteration act with my evidences? 

2. Or can I file case of criminal breach of trust?

Taking divorce is always a solution to get rid of the marriage, but I need to know what actions I can take in this situation?

Kindly help me to know better.

Thank you.


 7 Replies

498 A fighter (Advocate)     11 January 2016

just by knowing you cant do anything.

if you dont want to do anything dont try to know.......

any process need courage and patiance it is long battle,

if  you decided to go out of marriage just concentrate over it, and by finding suitable partner start a good life...


swati   11 January 2016

Thank You for your reply.

Yes I have said evidances. But can I file adutery against him i.e 497 IPC? As I was told that only Husband can file this case against lovers of their wifes?

Moreover, does this comes under crimal breach of trust or not?

Thanks again

Samir N (General Queries) (Business)     11 January 2016

There are many sections under which you can file civil and criminal cases for your husband having s*xual relationship but in reality you cannot get a judgment in your favor.  For s*xual conduct, as pointed above, you will need actual evidence of them having intercourse or extremely compromising position without clothes...Actually these days every husband is looking out for some s*x outside marriage. Some get it some don't. You husband seems to be a lucky guy. Don't torture yourself unnecessarily. You too have options... Think beyond law.

In practice, you have two options. One is to take divorce as you suggested yourself. Second is for you to find someone to have s*xual relationship with and enjoy life because clearly your husband does not want you or has found someone better for s*x. That physical urge is God given and is too powerful to be stopped by legal proceedings. So? You do the same but make sure that there is no evidence anywhere. Try and avoid cheap hotels. They may have hidden cameras there. Change your partner and hotel frequently so that the likelyhood of getting caught is less. After a  couple of months or so, you will enjoy this lifestyle and will not care about your husband's affair. No need for divorce or DV... Both of you will need to change partners, say once in six month, to live happily ever after... And yes... do not forget, Try to have married partners. There are no legal hangovers in such arrangments and no emotional, love-shove issues. I hope that you find this suggestion helpful. 







SuperHero (Manager)     12 January 2016

@Samir - Your second option seems interesting.

This is the first time your reply has given me a new dimension to the query.

It is better we focus on the question or query. 

Samir N (General Queries) (Business)     12 January 2016

@SuperHero, @Swati: My sincere apologies for the second option. I just think that to criminalize extra-marital affairs is in theory only. I realize that my answer was insensitive to the victim's feelings. I usually stick to legal issues. THis time I failed. SORRY!

fighter (Software professional)     12 January 2016

Relation with unmarried girl doesn't come under adultry.If some one has relation with married girl than only male will prosecuted under adultery.Now you can not harm your husband.Only his lover can prosecute him if she want.

Read IPC 497

Section 497 in The Indian Penal Code
497. Adultery.—Whoever has s*xual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such s*xual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either descripttttion for a term which may extend to five years, or with fine, or with both. In such case the wife shall not be punishable as an abettor.

Anil Upadhyay (Lawyer)     12 January 2016



You cannot go for both options for the reason of extra matrital s*xual relationship of your husband with unmariied girl..


You can file for Divorce/Maintenance/Cruelty/etc for this reason, but you should be able to prove it in court.


More clear facts can help for more accurate advise.




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