Adultery,Divorce
Can wife file adultery case against husband?
My brother is going through a divorce and he also has an affair with another woman. The wife is threatening him that she will file an adultery case against him. Can she do that?
By  shruti sinha  |  04 Mar 2016  |  Upvotes: 0  | 

2 Answer(s)

Vishal Kumar Thakur
Advocate

She can file for divorce on the grounds of adultery and claim maintenance and stridhan. In India, adultery is not really taken cognisance of but it is very much a crime. If the wife consults a lawyer, she can file for a criminal case.

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Ravindra Purohit
Advocate
In these circumstances wife can file case of adultery against husband if the marriage is still subsisting. According to above mentioned facts divorce proceeding is pending and divorce has not been granted to the parties so the marriage is in existence till final decree of divorce by court.
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