According to Hinduism, the relation of husband and wife is the most connected and sacred relationship. It is a matrimonial bond where both are giving a lifelong commitment to each other. Nowadays the trend of having extramarital affairs is increasing rapidly in India which can be counted as cheating. Here we have come with up some legal remedies which will help you to understand what steps should be taken in case a wife or husband has an extramarital affair.
According to Indian law, the burden of proof will lie upon you if you want justice. In simple words, if you lapse in collecting accurate evidence then you may find yourself in more trouble. Only then should you confirm what is right and wrong before clasp allegations. For instance, the case of defamation may file against you in case of false criminal cases. But in genuine cases, you can fight for your rights and demand compensation.
What steps should be taken if the spouse is having an extra material affair?
Being a husband, you can take help of following grounds:
- The best ground to prove an extra material affair is an adultery committed by the spouse with someone.
- The birth of an illegal baby (girl or boy).
- Collecting photographs, eye witness, other witnesses and videos as evidence.
- Fall of venereal disease by the spouse.
- House of ill repute as an evidence
- Use email chats, WhatsApp messages and texts use as evidence. But it comes to your knowledge directly.
- Parenthood test
- DNA of the child, etc
According to the Indian Penal Code, 1860
To know the perspective of extra-marital affairs in India , it is important to understand what the IPC explain about it.
IPC Section 497: It is a Punishable Offense mainly for A Man To Have Sexual Intercourse and it is also with a Married Woman, then it is a punishable offense. In most cases, Man will be considered liable for the same.
However, there is no direct punishment for women, but if she is proved adultery, then the outsider man will be punished. On the other hand, if you divorce her, then she won’t be having any possession on the husband property.
How to Deal with Mental stress?
Even though you are trying hard to get your life back to track, there will be many problems and disturbances in your life. If your partner is cheating and you still want to keep the relation, then it might be a mistake to forgive them. Talking about the problem is a solution in most cases, but in terms of extramarital affairs, you should reconsider, and consulting with a constancy service will be an adequate choice.
Make sure that you focus on leaving all the things behind, and focusing on what you can do for yourself. Time is hard in such scenarios, but it is not the end. You can do so many things to have a better life. We hope the best and lots of strength to those, who are dealing with these issues.