Response

No, you cannot get your wife’s phone records without her permission.

There are no laws to support such claims. Adultery is not a crime anymore and even when it was under Section 497 of Indian Penal Code, women could not have been punished for adultery. It is a mere ground to file for contested divorce under Section 13A of Hindu Marriage Act, 1955.

However, if you think that your wife has been cheating on you, you have to get proof from elsewhere, you cannot just contend in court that she is committing adultery just because she is talking to someone on phone.

If she is cheating on you and you both do not want to live together anymore, you can move a divorce petition by mutual consent in family court under Section 13B of Hinfu Marriage Act, 1955.

Section 13B states that subject to the provisions of this Act a petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the Marriage Laws (Amendment) Act, 1976 (68 of 1976), on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.

Reference: Section 13B of Hindu Marriage Act, 1955

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