What to do legally if your husband is cheating on you?

How to take legal action for adultery in India. Even if the offence of adultery is decriminalized under Section 497 of the Indian Penal Code, it constitutes to be a reasonable ground for divorce, i.e. if either the husband or wife commits adultery, the other person can file for divorce solely based on this reason.

Can infidelity be used in a divorce in India?

Adultery is defined under Section 13(1) of the Hindu Marriage Act, 1955, is a ground for divorce in India. In the case, the court also ruled that the wife can also file a divorce petition against her husband on the grounds of only adultery, without any other offence such as desertion or cruelty.

Does wife get alimony if she cheated in India?

Indian law denies alimony to a wife “living in adultery”. “If she commits any breach of the said obligation and starts living in adultery, that is, having sexual relationship with another man, she will lose her right to claim maintenance,” he said.

Is extra marital legal in India?

Adultery was a criminal offence under Chapter XX of the Indian Penal Code until it was quashed by the Supreme Court of India on 27 September 2018 as unconstitutional.

Can I name the other woman in my divorce?

Even if you feel like you are getting your own back, there is no legal necessity to name the co-respondent when divorcing – in fact, judges take a dim view of it. All you need is for the respondent, your spouse, to admit adultery.

What is the punishment for extramarital affairs in India?

“Anyone who, without the permission or connivance of that man, has sexual intercourse with a person who is and whom he knows, or who has cause to assume to be the wife of another man, such sexual intercourse does not contribute to the crime of rape, is guilty of the offence of adultery and shall be punishable with …

What happens when a cheating husband gets divorced?

When infidelity on the part of her husband leads a wife to divorce, a cheating husband becomes enemy number one. Divorcing a cheating husband may mean not only the breaking up of your marriage, but also the ending of a painful chapter in your life. You deserve happiness!

Do I need a lawyer to get a divorce in India?

However, is always advisable to apply for divorce in India through a lawyer even in case of an uncontested divorce. If the legal procedure for divorce in India is not handled properly, problems can arise later. For a contested divorce in India, you must file a divorce petition in court with the help of a lawyer.

How to get a mutual consent divorce in India?

If both the parties mutually agree on the terms of the divorce, then a common advocate can help them in filing an affidavit in the court to obtain a mutual consent divorce. A good divorce lawyer can guide you with the mutual divorce procedure in India, and ensure terms that are in your favour. 4.

What happens if a man commits adultery in India?

Under Indian laws, if a man who commits adultery (consensual sexual intercourse by a married person other than his/ her spouse) can be punished with a criminal offence. The wife may, also, file for divorce as another remedy.