Legal Question in Family Law in India
what does living in adultary means??? i have love /indecent letters of my husband written to him by a girl..the letters were written way back in 2005 and the most recent one in 2008..he is still in contact with that girl..his mobile records show that..is that adultary????please help me...if that can be treated as a ground for divorce....under what circumstances and what proofs do i need to get a divorce??if that girl comes in and accepts that they had illicit relationship...would court consider it as adultary and grant a divorce???
2 Answers from Attorneys
firstly, no girl would commit that she is in an adulterous relationship. even if she admits, you need to prove that your husband is living in adultery. living in adultery means that he is in fact living with another woman. solitary acts or letters do not constitute adultery. it may be constituted as mental cruelty upon woman.
Adultery and extra-marital affairs are two different situations. Adultery only with a married woman who goes for sex with another man without consent of her husband.
In your case, it is "extra marital affair". However, this can be ground of sex if you can establish that your husband had any sexual relationship (even one such encounter where you can prove they slept together will be sufficient). If you do not have any evidence, [mere phone calls, sms, or exchanging pictures will not be sufficient], you should try to settle the matter peacefully by talking to both of them.
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