Can I divorce my wife if she cheated on me India?

Further, under Hindu Marriage Act 1955, (assuming you are a Hindu) adultery is one of the grounds for seeking divorce. In view of aforesaid , you can file a divorce petition under Section 13 (1) (i) and Section 13 (1) (ia) on the grounds of adultery and cruelty, and seek dissolution of marriage.

What can I do legally if my wife cheated on me?

In many states, adultery plays a role in determining alimony or spousal support. A spouse’s infidelity can bar their claim for alimony that they may have otherwise been entitled to. It may also help your claim for alimony if it is the other spouse who has cheated.

Can cheating be grounds for 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 cheating wife get alimony 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.

Can a wife sue her husband’s girlfriend in India?

I’m sorry to say that a wife cannot file a case against her husband and / or his girlfriend for adultery. As per Section 497 of Indian Penal Code, if a man has sexual relationship with another married woman, then only he can be charged with Adultery, otherwise not.

What can I do if my wife is cheating in India?

Under the Hindu Marriage Act, Section 13(1)(i) makes adultery a ground for divorce. The Husband can file a petition before the District Court for a decree of divorce. Under the Special Marriage Act, Section 27(1)(a) is a ground for divorce based on adultery.

How to get divorced from your wife?

You can get divorced from your wife in either of the two processes – mutual divorce or contested divorce. The divorce procedure is different in different situations. There is mainly two types of divorce procedure – one is mutual consent divorce and another is contested divorce.

What is the law of marriage and divorce in India?

The statutory provisions for marriage and divorce of Parsis have been provided for by the Parsi Marriage and Divorce Act, 1936. As per Section 32 (d) of the Act, adultery is a ground for divorce, if a suit for divorce is filed within a period of two years after the plaintiff came to know of the fact.

What are the grounds for divorce due to cruelty in India?

According to the Hindu Divorce Laws in India, if one spouse has a reasonable apprehension in the mind that the other spouse’s conduct is likely to be injurious or harmful, then there is sufficient ground for obtaining divorce due to cruelty by the spouse.

Can a spouse be dragged to court for cheating on their spouse?

Regarding why neither of the spouses can be dragged to a criminal court for having a cheating on the spouse, the supreme court has explained the philosophy behind it: