Divorce / wife at fault

Oct 11, 2025 554 views 3 answers
Family Law
Anonymous
Oct 11, 2025
Family Law
► This case is about a relative of mine. He found out his wife has been cheating on him for 1 year. She is seeing another guy behind his back. Photos in her phone as proof. If he wants to divorce her, what are the implications? Does he have to pay alimony? She works as a teacher. House is under his and his wife's name. What should he do?
554 views
3 answers

3 Answers

Anik
Jul 24, 2026

Dear Client,

According to the Hindu Marriage Act of 1955, adultery constitutes legal grounds for divorce under Section 13. Your relative must ensure the collection of evidence according to section 65B of the Indian Evidence Act. When it comes to alimony under section 25, the courts will take her independent income as a teacher into account; besides, adjudged adultery will disqualify the spouse from receiving permanent maintenance. Any jointly owned house will be partitioned according to contributions made by each party. He must seek advice from a family solicitor immediately to obtain information on how to file a divorce petition. I hope this answer helps. If you have any further query kindly do not hesitate to contact us. Thank you

Oct 13, 2025

Hello, 

 

Photos in her phone need to be received or taken by you in your phone. 

Further mere photographs do not establish a relationship outside marriage. 

Alimony claim depends on the gravity of the offence. 

It is a matter of right and in majority cases the husbands have to pay the same. It all depends on how less or meagre the quantum can be depending on her earnings. 

 

You case looks like a strong one to be contested. 

You need to take immediate steps. 

Please get in touch for better guidance on the subject matter. 

Oct 12, 2025

Photos are not enough to prove adultery or bigamy. You can file divorce case on the ground of cruelty caused due to her affair outside marriage. House in joint name is to be divided and subject to just exceptions, wife can claim maintenance, residence etc. Husband can counter her claim under guidance of a competent lawyer. 

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