Legal Question in Family Law in India

If a married lady having and extra marital affair, caught by police while staying in a hotel with some other person, approximately 10 years younger to her. what should a husband do and what legal action can be initiate against her by police or court?

Further, as the wife is exposed in front of her husband and family members and friends and if she files a case in the court for divorce and husband is not willing to give the divorce, because of defame in the society, relatives and other family members. kindly advice legal points to stop the divorce.

Asked on 7/09/13, 9:49 am

3 Answers from Attorneys

Yash Kumar Yash Kumar & Co.

Dear Sir,

You can not take any action against her as per IPC but you can take action against her paramour and you can make her as a witness.

The second query is dicey one which can be explained during an audience.

Rest for legal assistance you can contact on 08750228171.


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Answered on 7/09/13, 11:25 am

Sudershan Goel Sudershan Goel - Advocate, International Visiting Scholar, USA [2008-10]

Last question first: The husband should not oppose divorce, if she is interested.

Ist question: The best remedy with the husband is to seek divorce on the ground of adultery of his wife. If adultery is proved, she may not be entitled to maintenance.

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Answered on 7/09/13, 7:16 pm

It is better to give divorce. Adultry/relation with other person is also a ground for you to get divorce. but if u will not divorce her the people will blame you that you are not capable and hence send your wife to someone else to satisfy her or for any other economic benefit.

good luck.

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Answered on 7/09/13, 8:55 pm

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