Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Arman Mehta   24 June 2015

Wife's extra marital affair

My son is 28 year old and his wife is having extra marital affaire with her colleague and he is bachelor now. In my son's absence they are spending time together.

My son came to know by the photo's of them which stored in his wife's mobile. After knowing this he left her wife in their parents howm.

Now my son want to go for divorce.

Please let me know what is the procedure and what are all the consequences can come and how stornger is my son's case.

Please suggest what should we do now?


 9 Replies

suman talukder   24 June 2015

I got divorce on grounds of wife too had an extramarital affair..try to collect few evidences file a case against the guy first...when this case gets registered den on the basis of this case file for divorce..if ur sons wife dosent appear bfore d court he might get an ex-parte divorce on the groubds of adultery

Prashant Ghai (Advocate) (     24 June 2015

Adultery is a valid ground for obtaining Divorce. Get hold of those photographs. A well drafted Divorce Petition with those photographs and witnesses (if any) should get your son a divorce on the ground of adultery. Rest is left to your wisdom.

saravanan s (legal advisor)     24 June 2015

you can also file sec 497 ipc for adultery if you want to punish the colleague for hers.if proved he would get 5 years of imprisonment.but under this section your wife cant be punished


There is a saying in Kannada, MULLANA MULLINDANE TEGIBEKU... mean to say, to remove thorn one needs to use a thorn.  Getting divorce  under Indian law is not easy.  You file divorce, on grounds of adultery, if you fail to prove it, wife can file case on you and get you behind bars, that is the pathetic situation in INDIAN LAW..


1.  Go for Mutual consent divorce.

2.  Or ask your son to also have extra marital affair.

3.  or seek intervention of her parents and sit and talk and decide future course which is explained above.

4.  If s*xual concerns are there, better ask son to seek medical help.  if sons wife is having pschos*xual problems, take her to a endocrinologist.

5.  or If your son has got pucca evidence that she has slept with somene else, buy a gun and shoot her in the head and there ends the matter, no divorce, no headache, no tension at least other females will learn to be faithful to their husbands.

6.  or better find someone else and ask son to live with her.  faithfullness is all up there in the head not down there.


Advices provided to be taken at own risk.  All the best.

Arman Mehta   01 July 2015

Thanks to all for your valuable suggestions and advices.

If adultery is proved then also my son's wife can claim for maintainence or after adultery proved she can't claim for maintainence.

vinay_2431 (engineer)     06 November 2018

Helo Sarvana sir,

  Section 497 has been decriminalized recently by suprecourt, so I dont think His son can file a case and get the other person punished.

Regarding Proving Adultery may be Suman TalukDar can be the best person to get proof's

Hello SumarTalukder sir,

  Can you please let us know what are the proof's that you submitted in court for getting Divorce ?



TGK REDDI   06 November 2018

A woman can claim maintenance though she commits adultery.    She can't claim it if she lives in adultery.

vinay_2431 (engineer)     07 November 2018

Sir, once Adultery is proved then no MAINTAINENCE ..

Experts please correct me if I am Wrong.


TGK REDDI   07 November 2018

Law says, " Lives in adultery ".

This perhaps is not the same as committing adultery.     Sporadic incidents of adultery may not amount to living in adultery.

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