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Rahul   28 November 2020

Divorce on adultery and forgiveness


My wife has an affair after marriage and i want to go for divorce with evidences. My wife is not staying with me from past few months.
My wife is pleading for forgiveness and she says she will behave good with me and asking me to continue marital life.
I have below question regarding forgiveness.
If i give a chance to continue marital life by staying with her and if i find her behavior is not good towards me after a month, what can be my options?
In this scenario, can i still file for divorce with the existing evidences of extra marital affair before forgiveness.



 7 Replies

Hemant Agarwal ( Mumbai : 9820174108)     29 November 2020

1. IT would be highly unwise to continue with such Life Partner, who has been unfaithful and unreliable to own family people.

Keep Smiling .... Hemant Agarwal

Dr J C Vashista (Advocate)     29 November 2020

I agree with the opinion and advise of expert Mr. Hemant Agarwal.

Get divorced through a local prudent lawyer and settle afresh.

P. Venu (Advocate)     29 November 2020

The compromise, if at all made, is no licence to continue with adulterous life.

K.S.Ramaswamy Advocate (ADVOCATE)     30 November 2020

In my  view you can give her one opportunity. However to forgive or not to forgive her is left open to your option.

SHIVEK J.   04 January 2021


To begin with, the decision to continue your relation with your spouse, that is, your wife, is totally up to you and your personal understanding with her. Therefore, the resolution to grant forgiveness and subsist your wedded life will be concluded by you.

Now, secondly, as you mentioned that if the state of affairs of your wedded life are not as per your compliance and your agreements, then you would like to proceed for a divorce. In such a scenario, you will have the means to use all the evidences you have in possession now, alongside the attestations you might come across in the period of one month. Hence, divorce is an option now and will be an option later on as well. However, you need to keep in mind that a divorce is a very lengthy procedure and along with being costly, it significantly puts a lot of strain on your mental and emotional well-being.

The divorce can be filed on the grounds of adultery, which has been now classified as a civil offence, in a recent judgement by a five judge bench headed by Justice Dipak Misra in 2018. Now, taking an assumption that you are an individual following the religion of Hinduism, we take note that your marriage has been identified under the Hindu Marriage Act, 1955. Section 13(1) of this act defines adultery as a ground for divorce and section 10 of the same act justifies adultery to be a ground for judicial separation. Now, the court seeks that you as an individual, who files for a divorce petition, have to substantiate your claims with proper evidence, something you do possess, as you have mentioned. Though the court has established that the claims need to be proved beyond reasonable doubt, this isn’t applicable to your case, as per the judgement passed by the court in Dastane v. Dastane. Moreover, as it perceives from your statements, your wife has affirmed the fact that she was in an adulterous relation, outside your marriage, which is the biggest proof which can be utilized by you, if you move to hold a divorce on grounds of adultery.  

Hope this helps you.


Raghav Arora   04 January 2021

Mr. Shivek, is there any law that might affect the husbands right to give divorce or move for it if he condones the circumstances now? 

Also, what if the husbands moves for the divirce now, and gets the cooling period of 6 months or a year from the court to be observed and in that span makes himself sure of his wife's intentions? Will that not be a safer option? 


Just thinking out loud. Experts, please suggest. :)

SHIVEK J.   05 January 2021

 Greetings Mr. Rahul,

It is duly noted that a case for divorce on grounds of adultery can be lodged while the adulterous relation is going on. Only then will it be classified as under the banner. 

Moreover, the cooling off period is not granted in case of contested divorce. Now, analysing the situation given, it might come under that particular area and hence the cooling off period can be excluded.


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