If you are stuck in such a situation, here is what to do.

In the city of Jayanagar, a woman named Priya found her life upended after ten years of marriage. She discovered that her husband, Rajat, who presents a respectable image to their family and society, was leading a double life. Priya’s suspicions were confirmed when she found evidence of hotel bookings and other transactions suggesting he was involved in extramarital encounters. Rajat, who earns a substantial monthly income of around ₹2 lakh, had insisted that Priya remain a housewife to manage their home and child. Now, after a decade away from her career, she feels financially vulnerable and uncertain about her future.

Rajat has accumulated significant savings, with over ₹1 crore in his bank accounts, in addition to his share in his family’s ancestral properties. While he has named Priya as a nominee in his insurance policies and deposits, she fears he will portray himself as the victim and create a dramatic scene if she initiates divorce proceedings, especially with their child caught in the middle. Priya’s primary concern is to secure a fair settlement and ensure a dignified, smooth exit from the marriage, but she is unsure how to document the evidence and what her rights are concerning alimony and maintenance.

Advice in such cases

• Gather Evidence Discreetly: Before confronting your spouse, discreetly collect all possible evidence of infidelity and financial assets. This can include bank statements, property documents, salary slips, and any proof of the extramarital relationship.
• Document Financials: Make copies of all financial documents you have access to, including investments, insurance policies, and income tax returns. This will be crucial for determining alimony and maintenance.
• Prioritize the Child’s Welfare: Keep the child away from the marital conflict. The court’s primary concern will be the child’s best interests when deciding on custody and maintenance.
• Avoid Emotional Confrontations: Do not engage in arguments that could escalate the situation or give your spouse a chance to destroy evidence or manipulate assets.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think

Applicable Sections of Law

In India, matrimonial disputes are primarily governed by personal laws. For Hindus, the key statutes are:

• Section 13(1)(i) of the Hindu Marriage Act, 1955: This section allows a spouse to file for divorce on the ground that the other party has, after the solemnization of the marriage, had voluntary sexual intercourse with any person other than his or her spouse. Adultery is a valid ground for divorce, though it is no longer a criminal offense.
• Section 24 of the Hindu Marriage Act, 1955: This provision allows a financially dependent spouse to claim maintenance pendente lite (during the pendency of the court proceedings) and expenses for the legal proceedings.
• Section 25 of the Hindu Marriage Act, 1955: This section deals with permanent alimony and maintenance, which can be awarded at the time of passing the divorce decree.
• Section 125 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS): This law provides a swift remedy for wives, children, and parents to claim maintenance if they are unable to maintain themselves.

If you are the complainant

If you are in Priya’s position and wish to initiate legal proceedings, here are the steps to consider:

• File a Divorce Petition: The first step is to file a petition for divorce in the appropriate Family Court. The petition can cite adultery and the associated mental cruelty as grounds.
• Claim Interim Maintenance: Simultaneously, you should file an application under Section 24 of the Hindu Marriage Act for interim maintenance to cover your and your child’s expenses during the legal battle.
• Seek Permanent Alimony: In your main petition, you must claim permanent alimony under Section 25 of the Hindu Marriage Act. This can be a lump-sum amount or a periodic payment.
• Child Custody and Maintenance: You must also file for the custody of your child and seek separate maintenance for the child’s upbringing, education, and other needs.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think

If you are the victim

Being a victim of infidelity can be emotionally devastating. It is important to take steps to protect your legal rights and emotional well-being.

• Secure Your Documents: Ensure your personal identification, educational certificates, and financial documents are in a safe place.
• Open a Separate Bank Account: If you don’t already have one, open a separate bank account in your name to secure any personal funds.
• Build a Support System: Confide in trusted friends or family members. Emotional support is crucial during this difficult time.
• Maintain Composure: While difficult, try to maintain your composure. Your husband’s public image is his concern; your focus should be on securing your and your child’s future.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think

How the police behave in such cases

Divorce is a civil matter, and the police have a very limited role. Adultery is no longer a criminal offense in India following the Supreme Court’s judgment in *Joseph Shine v. Union of India*. Therefore, the police will not register an FIR for adultery. Police involvement would only be warranted if there are allegations of criminal offenses such as domestic violence (covered under Section 85/86 of the Bharatiya Nyaya Sanhita, 2023) or criminal intimidation. In a standard divorce case based on adultery, all proceedings are handled by the Family Court.

FAQs people normally have

How much alimony will the wife receive?
There is no fixed formula for calculating alimony in India. The court considers several factors, including:
– The income, assets, and liabilities of both spouses.
– The standard of living the wife was accustomed to during the marriage.
– The duration of the marriage.
– The age and health of both parties.
– The wife’s ability to earn and her educational qualifications.
– The needs of the child.
Courts often use the husband’s net monthly income as a benchmark, with maintenance awards for the wife and child often ranging from 25% to 40% of it, but this is highly discretionary.

Can the wife claim a share in the husband’s parental property?
A wife does not have a direct legal right to her husband’s ancestral or self-acquired parental property. However, the income generated from such properties can be taken into account by the court while calculating the amount of alimony and maintenance.

What about the child’s custody?
The court’s paramount consideration in custody matters is the “welfare of the child.” Courts may grant sole custody, joint custody, or visitation rights. Generally, the custody of a young child is given to the mother, but this is not a rigid rule. The financial stability and character of both parents are considered.

What evidence is required?

To prove adultery, direct evidence is often difficult to obtain. The court relies on circumstantial evidence, which must be strong enough to lead to an inference of guilt. Such evidence can include:

• Electronic records like text messages, emails, or social media chats.
• Photographs or videos showing the spouse with the other person in a compromising position.
• Testimony of witnesses who have seen them together.
• Hotel booking receipts or travel records.
• Any admission of guilt by the spouse.

For financial claims, evidence includes salary slips, income tax returns, bank statements, property deeds, and documents related to investments and other assets.

How long will the investigation take?

Since divorce is a civil proceeding, there is no “investigation” in the criminal sense. The process involves filing a petition, the other party filing a reply, framing of issues, presenting evidence, cross-examination, and final arguments. A contested divorce in India can be a lengthy process, often taking anywhere from two to five years, or even longer, depending on the complexity of the case, the amount of evidence, and the caseload of the court.

Advocate Sudhir Rao, Supreme Court of India