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Deepak Aggarwal   04 December 2021

if wife is living with another man

dear sir,
what case would a husband filed if wife is not living with him and living with another man, and having a baby thorugh him. please help


 6 Replies

Shashi Dhara   04 December 2021

Easy ground for divorce ,proceed.

SHIRISH PAWAR, 7738990900 (Advocate)     04 December 2021


There is no meaning to file cases against wife. This is good ground for divorce. So file divorce and move on.


Pradipta Nath (Advocate)     04 December 2021

You can file a divorce case. 

Manjunath   04 December 2021

File divorce case first. Then sue the man for mental harrassment and compensation. Talk with a good lawyer.

Radhika Garg   11 January 2022

This is a clear case of adultery for which your wife can be charged and has also been a ground for divorce which can be filed by you before the honourable court.Adultery is understood as a voluntary s*xual action by a married person with another married or unmarried individual.Adultery isa valid ground for divorce in all personal law of India.

A Hindu man, as well as women, can seek divorce on the ground that his wife or her husband as the case may be, is adulterous as per the provision of Hindu Marriage Act, 1955.Section 10 of the Hindu Marriage Act, 1955, says adultery is defined as a ground for judicial separation.

The section states that the parties can file a decree for judicial separation or divorce because they are mentioned under Section 13(1) of the act. However, it is irrespective of the fact that before or after the commencement of adultery marriage being solemnized.

In the case of Sulekha Bairagi vs Prof. Kamala Kanta Bairagi, Calcutta High Court, the matter was that according to the husband, his wife used to visit the co-respondent and was caught in a compromising position. The wife was also accused of neglecting her marital duties. The court took the decision in favour of the petitioner, i.e. the husband on the merit of the provided evidence and thus granted the judicial separation.

Therefore, you can file th divorce on the ground of Adultery against your wife.

Megha   14 January 2022


The act of living with anther man and allegedly having a kid with him is considered as adultery under the Indian marriage laws.  As per section 13(1) of the Hindu Marriage Act 1955 (HMA), adultery refers to an act of voluntarily indulging into s*xual intercourse outside of one's of marriage and this is a valid ground for divorce as well as judicial separation under HMA.

You may either file a petition for judicial separation or a petition for divorce basis your will.  Please note that divorce petition can be presented only after one year of marriage.

Best regards,

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