Divorce on extra marital affair ground


Hi,

My marriage comes under Hindu marriage act.

My wife has an extramarital affair after marriage. I am not living her since i know about the affair.
I want to file for divorce on the ground of extramarital affair/adultery.

Wife accepted about the affair and is now pleading for forgiveness to continue marital life.

If she accepts about the extra marital affair in the court proceedings in front of judge and pleads for continuing marital life, Will court ask to give any second chance for wife or gives divorce as the wife has committed adultery?

Thanks,
Rahul

 
Reply   
 

It depends upon you whether to have a divorce or to give a chance to your wife for martial life.
 
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sudhakar sir,

I want to go for divorce and do not want to live with her. My question is can court give any order to continue to marital life as she is pleading for apology?

 
Reply   
 

If you want to get a precise answer to your query then it's a "NO". The court can not actually force you to continue your marital life with your wife as it was earlier.

The court in such cases does hold up an Opinion of its own, but you won't be bound to perform as per the Opinion of the court. Thus, you're free to get a Divorce on the ground of Adultery.

Hope It Helps

Regards
Kevin M. Paul
 
Reply   
 

You should first file a Suit for judicial seperation as be because difficult to prove adultary in court.You should have strong evidence if your wife has extra marital affair then. If not then adultery u/s 497 of the Indian Penal Code to a criminal proceedings can not be proved therefore it will be bit difficult to Claim adultery as a ground of divorce. You can file divorce suit after disposal of judicial seperation suit.

 
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