Community › Forums › Legal Advice India › Is it possible for husband to get a divorce without paying alimony if wife is involved in extra-marital affair?
- This topic has 65 replies, 39 voices, and was last updated 1 year, 2 months ago by
Abhishekfalcon991.
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SSilentthinker8986
PARTICIPANT
April 6, 2025 at 4:24 amWho gets the custody of children? Is husband required to pay child support/maintenance if wife gets full custody? -
RRapidknight2559
PARTICIPANT
April 6, 2025 at 4:36 amNo noWife can f u k around all day with strangers in ur own bed and will probably still get 5 CR alimony kid etc
Read the laws bro, milords need 15cr cash at home for legal purposes where do you think it all comes from
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SSilentthinker8986
OP
April 6, 2025 at 4:47 amSo ig legal is not the way. Got it.-
WWisehawk7332
PARTICIPANT
April 7, 2025 at 2:25 pmTo begin with, cheating by wife is just potential grounds for divorce and doesn’t even guarantee it. If the wife doesnt want divorce and judge doesn’t feel like it, husband can be denied divorce.I cannot find the link anymore, but there was also one case where the court said that a husband knowing/catching wife cheating is mental cruelty towards her and even if husband doesn’t seek divorce, the wife is entitled to live separately from her husband and the husband is required to pay maintenance to her.
Below are judgements from two different high courts which establish that occational/isolated acts of adultery is fine and doesn’t disentitle the wife from maintenance. So, if the wife is cheating occassionally, she would still be eligible for maintainence.
The husband has to prove that the wife is constantly living in adultery. Such evidence is near impossible to obtain and also subject to the whims of the courts. And even if you do manage to prove, the denial of maintainence is not permanent. The wife can seek maintainence again at a later point.
Similarly, if the wife has a child through adultery, the husband is not allowed to test the parentage of the child. Even if a DNA test is done, it’s results would have no recognition and the husband would still be liable to maintain the wife and the child.
Basically, maintainence is viewed as a basic right of the wife. It won’t matter whether the wife is sleeping with another man or has children with them or if the husband is bedridden with disability or illness. As long as the wife cannot maintain herself and husband has any money to his name, maintainence/alimony is has to be paid.
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DDesisapna4813
PARTICIPANT
April 8, 2025 at 8:11 pmYou read that reply and thought it was an actual lawyer talking to you? -
MMightyninja4542
PARTICIPANT
April 9, 2025 at 7:00 amYes
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SSuperabhinav527
PARTICIPANT
April 6, 2025 at 12:29 pmthis bro this
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BBrightsharad5081
PARTICIPANT
April 6, 2025 at 4:44 amOf course you need to pay child support. Only deadbeat fathers think about not paying child support.-
SSilentthinker8986
OP
April 6, 2025 at 4:46 amIf a women gets full custody she should pay.And who knows whose kids are even those?
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HHappytiger8732
PARTICIPANT
April 6, 2025 at 5:01 am>And who knows whose kids are even those?Are you sure that the woman wasn’t cheating?
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EExpertfox3531
PARTICIPANT
April 6, 2025 at 5:06 amYou will still be considered a legal father as you two were husband and wife.The logic is any kid born in a marriage, the husband is the father.
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SSilentthinker8986
OP
April 6, 2025 at 5:08 amLol, fuck India and it’s laws.Btw, what’s the maximum sentence for homicide in India?
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EExpertfox3531
PARTICIPANT
April 6, 2025 at 5:33 amShit post detected -
UUrbanranjan8949
PARTICIPANT
April 6, 2025 at 6:13 amDeath penalty. But you can get out with good behavior after 10 years. -
UUrbanpanda5424
PARTICIPANT
April 10, 2025 at 3:31 amDeath or life imprisonment. Chances are at max you will get life imprisonment and if your behaviour is good in jail it will be reduced
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SSananinja179
PARTICIPANT
April 6, 2025 at 7:32 amHeyy, found the alimony seeker independent lady.
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DDesiknight9081
PARTICIPANT
April 6, 2025 at 4:44 amIn exceptional cases, yes. But every factor has to add up in that respect, in terms of income, adultery, length of marriage etc. -
PParagking331
PARTICIPANT
April 6, 2025 at 4:49 am– Wife gets alimony even if she cheats, but canβt fight for a huge alimony. If difference between salary is less & husband proves that all expenses were borne by him, effectively proving that wife will have same lifestyle with less alimony, then alimony can be very less.
– child custody usually goes to mothers (like it should) but if husband proves wife is unfit to take responsibility, then father gets custody & no child support if child stays with father. In cases of cheating, itβs easier to put a good narrative.
– based on a bunch of things, the alimony price can be brought down and even further down if itβs just settled outside of court-
SSilentthinker8986
OP
April 6, 2025 at 4:50 amWhat measures can a man take if things get ugly? Like fake DV and Dowry cases?-
PParagking331
PARTICIPANT
April 6, 2025 at 4:56 am– get an anticipatory bail if you think wife could put fake cases on you, that way you wonβt have to go to jail if she puts those cases
– get hard evidences of her cheating, get hard evidences of all transactions & household expenses if you want to contest the alimony price
– aim to settle it outside of court with 1 time payment for both of your own sakes.
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SSananinja179
PARTICIPANT
April 6, 2025 at 7:31 amwtf do you mean by the child custody should go to the mother ? If she is the one cheating she deserves to get only visitation rights obviously provided that the father is actually good. This is not the 1960βs where men donβt care about their kids.-
PParagking331
PARTICIPANT
April 6, 2025 at 10:49 amWell, stats arenβt very far for 1960s when it comes to men. Anyway, courts usually see mothers as nurturer and for several factors it goes to the mothers usually. Especially if itβs a girl child. Itβs only if husband shows that mother is incapable of taking care or mother says she doesnβt want the child, then it goes to father. -
MMightyfalcon3344
PARTICIPANT
April 6, 2025 at 11:23 amBelow 5 years, there is NO CHANCE for custody to the husband. This is also supported by psychologists for the welfare of the child.-
DDesilion8236
PARTICIPANT
April 6, 2025 at 2:32 pmDid the psychologist consider the fact that the child is potentially around a cheater parent?-
MMightyfalcon3344
PARTICIPANT
April 6, 2025 at 5:18 pmSexuality, sexual relationships, and cheating in one, are not things that are a priority in the first 5 years of child development.
In the first 5 years, and in fact in the rest of our lives, physical and emotional needs like hunger, thirst, safety, validation, and coddling, are a higher priority. The child is not able to communicate these, so there is no replacement for its mother. In fact, the reason women become irritable after delivering is because their brain permanently changes and becomes more sensitive to high-pitch sounds. So, even if the dad can hear the exact same sound of the child crying, and even if she is equally tired as him, she would still wake up and shush the baby.Additionally, according to attachment theory, the way one is treated in the first 5 years of their life becomes the blueprint of how they would behave in romantic relationships throughout the rest of their life. And I have seen how easy it is for men to ignore those subtle needs of a weak, voiceless child and saying, “Oh let him cry. Children cry,” without even giving a second thought if he is crying out of hunger, sleep deprivation, or a stomach ache.
So yes, if in the future the child is not able to find a suitable partner according to their attachment style and not able to modify their behavior so that they are closer to a secure attachment, yes, they would become cheaters too. Not because they saw someone cheating at the age of 5, but more because they were never taught to get out of their pattern of unmet emotional needs on time.
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RRapidrajiv3786
PARTICIPANT
April 6, 2025 at 8:14 amWhy like it should? What about father?-
PParagking331
PARTICIPANT
April 6, 2025 at 3:12 pmThereβs many data driven factors which courts consider like statistics, past patterns, psychological factors etc. Most independent studies show that mothers are typically better primary caregivers in a childβs early years, unless theyβre unfit or mentally unwell. Maternal care strongly influences emotional security, while fathers often have a greater impact from pre-teen years onward. Custody decisions also factor in risks, and statistics – like how child abuse is more often linked to men. For all of these reasons, usually for kids under 8β10, custody usually favors mothers.-
RRapidrajiv3786
PARTICIPANT
April 7, 2025 at 5:51 amI’d take those independent studies with a grain of salt. These are funded by so called Nordic countries where this is a social experiment. They have had a history of kidnapping children to keep the those employed in the social system relevant. Even in their home countries, they have come under fire.And no, women have been shown to be equal abusers. Courts in the West hence now rely on which parent works less i.e. who spends more time with the child instead. But that results in a race to the bottom where everyone is looking for part time jobs and to work less than the other parent.
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PParagking331
PARTICIPANT
April 7, 2025 at 9:45 amas of now the courts consider mothers as the better caregivers for younger children. Thatβs just 1 factor so even if letβs say itβs inaccurate, things would still remain the same as thereβs other factors which make mother a better candidate for custody.
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SSubhashshark164
PARTICIPANT
April 9, 2025 at 4:17 pmSo do you mean a low maintenance family means a low alimony?Like it should? Custody of a non breastfeeding child should be shared no matter what.
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PParagking331
PARTICIPANT
April 9, 2025 at 4:20 pm1. Not necessarily but easy to win that argument with a good lawyer.2. Unfortunately thatβs not how the courts think or most research & data points to
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LLuckyfalcon100
PARTICIPANT
April 6, 2025 at 6:22 amyes.Βbut not by legal means.
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NNiharikafalcon721
PARTICIPANT
April 6, 2025 at 7:43 amNAL
But Alimony is decided based on the full disclosure of both of your income, assets etc.
If the woman earns enough then she may not get Alimony but if kids are below 18 then you will be ordered monthly maintenance for the kids. Or you will be ordered to pay a lump sum for the kids future.
But if you get the kids custody and if it gets proved that she earns enough to “maintain same standard of living” by herself then she may not get.In these cases best solution for men is mediation, if she is also ready for divorce then get into mediation and negotiate to give her minimum and take custody. Tell her kids can be with you as it will get her the freedom to pursue or start a new family and she won’t have to take care of their expenses. Negotiate a nice visiting schedule for her and stick to it.
Otherwise, milords will always look her as mother of the kids and her cheating will be only treated as a reason for divorce. As a result. You will have to pay what the milords will deem fit for the kids maintenance and if custody goes to her then it’s paramount to maintain the mother of the kids properly, so that no hiccups come into the child’s future growth.
Consult an experienced lawyer of your area, they will tell you the trend going on in your local courts.
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HHarishking166
PARTICIPANT
April 6, 2025 at 8:31 amYour only hope will be outside the court. Inside the court you’ll be cooked no matter what, that’s how it goes. My advice – try to make friends with goons/bahubali type people. Or use money to buy muscle. I will not spell, you know what we’re supposed to do with muscle … -
SSupermaster5440
PARTICIPANT
April 6, 2025 at 8:32 amYes. But need hefty lawyer who know judges. -
SSmartguru4808
PARTICIPANT
April 6, 2025 at 9:01 amNo matter what she does, all she has to do is file 498a on you, your parents and relatives, pay a few thousand in bribes. Spend a few days in jail or see your parents in jail and you will be willing to agree to anything. -
PPariking54
PARTICIPANT
April 6, 2025 at 9:28 ambhai whatever you do dont confront her!!!! Pakka likh ke lele fassega bohot bura waala if you confront her. For some months act like everything is fine. Spy on her in a hidden way. Connect with an actually good lawyer who is experienced. By spying I mean uski kissing sex wagera ki photos and videos fully uncensored way mai kheech. Jab confrontation ka time aayega usse simple dhamki dena ki ye saari photos and videos poori family ko send kardega tu uski side ki aur phir jo lena ho usse sab lelena. Lekin uske liye photos and videos bohot explicit honi chahiye. Wo bilkul nangi honi chahiye unme. Tujhe gussa wagera control karna padhega. Ab samajh le teri marriage aur uss aurat se rishta khatam hai. Usse kyun, kya jaise questions karke tujhe koi answer nahi milega. Bhai ek ladki ke liye uski image sabse important hai. Usse threaten kardega toh sab kardegi. You can also threaten to send it at her job to all her colleagues and all her friends. -
PPrimebro2833
PARTICIPANT
April 6, 2025 at 9:59 amHire contract kil.l.erEnd the wi.f.e chapter.
Life time of peace.
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SSilentthinker8986
OP
April 6, 2025 at 10:01 amI wish everybody takes this path.-
EExpertfalcon1214
PARTICIPANT
April 6, 2025 at 2:15 pmWow. Being this way is cool now ? -
MMightycharu7562
PARTICIPANT
April 7, 2025 at 9:59 amNow we know why you’re getting divorced-
UUrbanpanda5424
PARTICIPANT
April 10, 2025 at 3:29 amStill better than giving your hard earned money to a whore who is fucking around with others after marriage.-
MMightycharu7562
PARTICIPANT
April 10, 2025 at 4:03 amDo you also support killing men who cheat on their wives?-
UUrbanpanda5424
PARTICIPANT
April 10, 2025 at 4:19 amIf a man cheats the wife is entitled to give divorce and she doesn’t have to give any money to the cheating husband neither alimony nor maintenance(she will get custody) . Also a husband can’t file a fake 498a or domestic violence case on the wife for asking divorce.While if the wife cheats the husband has to give his hard earned money to a cheater and he won’t even get the custody of the children. Also the wife can any time file a fake 498a and domestic violence and the husband’s life is ruined
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FFierceeagle4255
PARTICIPANT
April 11, 2025 at 3:28 amAlimony laws are gender neutral, if wife earns more she will need to give alimony.
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LLuckyshweta855
PARTICIPANT
April 10, 2025 at 5:07 pmidk i don’t remember a man getting paid money by his wife for cheating in a divorce-
MMightycharu7562
PARTICIPANT
April 10, 2025 at 8:44 pmBy that logic do you support killing men who take dowry?-
AAbhishekfalcon991
PARTICIPANT
April 11, 2025 at 2:58 amYou have the choice to not get married to said man and give dowry-
MMightycharu7562
PARTICIPANT
April 11, 2025 at 3:09 amYou have the freedom of choice much more widely available than women. No one can predict how their spouse can turn into a money hungry animal…why not answer my question…Will yall support killing men if they turn out this way??
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AAbhishekfalcon991
PARTICIPANT
April 11, 2025 at 3:18 amMen donβt have freedom of choice to not pay alimonyWomen have the freedom of choice to pay dowry.
So no since itβs a choice she took to pay dowry to the guy, itβs not okay to kill the guy. How does that even work
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MMightycharu7562
PARTICIPANT
April 11, 2025 at 3:21 amYou do realize that if women had the choice then they wouldn’t have been killed? -
AAbhishekfalcon991
PARTICIPANT
April 11, 2025 at 3:25 amWell firstly, that usually happens when the brides family promise heaven and earth before marriage and later fail to fulfill it. Shouldnβt have agreed to give it in the first place.Secondly the above cases are rare, nearly all dowries are paid willingly, according to the status of the groom they are trying to bag
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LLuckyshweta855
PARTICIPANT
April 11, 2025 at 4:16 amno dude , why tf are you asking me that , isn’t that common sense? i don’t even support dowry system inself-
MMightycharu7562
PARTICIPANT
April 11, 2025 at 4:50 amHave you noticed the original comment ? It is about killing wives…hence the question to everyone who is supporting
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AAmayaknight117
PARTICIPANT
April 6, 2025 at 10:49 amNope π -
RRapidseeker854
PARTICIPANT
April 6, 2025 at 11:30 amLeave India and get divorced -
IIshantowl661
PARTICIPANT
April 6, 2025 at 12:39 pmYes it’s very weird in India. I had seen this Yt video way back where the prisoner was inside bars because he killed his wife, I don’t remember correctly but he said spending a few years in jail is still better than getting half of your assets ripped off.. -
LLuckycharu9864
PARTICIPANT
April 6, 2025 at 2:24 pmThe game is rigged against men. Heβll have to pay up irrespective of wifeβs infidelity or financial standing. -
LLuckyyogita8423
PARTICIPANT
April 6, 2025 at 3:13 pmDid you forget you are born in India -
UUrbanwolf1366
PARTICIPANT
April 6, 2025 at 4:48 pmHey sorry about all the judgemental replies here from watching too many stories on social media .. yes you will not need to pay alimony if adultery is proved in court . I mean not if you just accuse adultery .. it needs to be proved by evidences ..
then you will not have to pay alimony to wife . But you will still have to pay child support if she gets the custody. Please note this is for you are contesting divorce on grounds of adultery in court . If you are going for an out of court settlement and mutual divorce it all depends on how you want to go about itCustody of child if very small will go to mother even if she has cheated. But if the kid is above 8-9 yrs and there is a chance the court will ask the kid if they want to stay with you or the mother and decide accordingly .
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SSilentharshita7288
PARTICIPANT
April 8, 2025 at 2:28 pmNo -
DDesisapna4813
PARTICIPANT
April 8, 2025 at 8:10 pmWhy would the man leave his childβs custody to a cheating type of a mother? He should apply for child custody. This also prevents him from paying her child support.-
UUrbanpanda5424
PARTICIPANT
April 10, 2025 at 3:32 amCourts usually don’t give child custody to father-
DDesisapna4813
PARTICIPANT
April 10, 2025 at 5:24 amFathers usually do not even ask for it at all because it will get difficult for them to remarry. I personally know multiple cases where fathers did not even ask for custody and then when they were given visitation rights, they could not even bother showing up for those.
Unfortunately this is a part of Indian culture.
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RRapidsridhar126
PARTICIPANT
April 9, 2025 at 9:18 amOnly Solution – HITMAN -
PProrider4116
PARTICIPANT
April 9, 2025 at 10:31 am1. Alimony/ Maintenance is decided based on all facts of the case. The earnings, expenditure & liabilities of both the spouses are collected and court uses its discretion to decide it. there is a straight jacket formula. [https://divorcebylaw.com/maintenance/](https://divorcebylaw.com/maintenance/)2. The cheating wives also have gotten alimony, considering different facts, most importantly if the children will be taken care of by the mother or has no means to set up a household to live, etc.
3. It is better if you ask your wife to agree for a Mutual Consent Divorce and agree for all the terms & conditions amicably. [https://divorcebylaw.com/mutual-divorce-lawyer-in-bengaluru/](https://divorcebylaw.com/mutual-divorce-lawyer-in-bengaluru/)
4. One need to act swiftly when you find out that the spouse is cheating before they start the blame game.
5. If wife is not agreeing for contested divorce, everything will be contested in the same case or by filing separate cases. [https://divorcebylaw.com/best-contested-divorce-lawyers-in-bangalore/](https://divorcebylaw.com/best-contested-divorce-lawyers-in-bangalore/)
For further clarification consult us [https://g.co/kgs/E2hEa9f](https://g.co/kgs/E2hEa9f)
**Disclaimer:** In the absence of all the facts of the case, the comments given may not be the best solution for your case. One on one consultation with a legal counsel/ advocate is advised to get better guidance.
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