• How many years will it take and will my husband get into bars

Hi I got married on 16th April 2016 and after 3months of our marriage I got to know my husband has extra martial affair with someother girl for 2years infact he also cheated that girl by telling Iam not married (even after marriage ) and promised her to marry then I got to know about this and contacted to that girl she also got cheated like me and she provided me all evidence and helped me apart from that he used to harass me (I got evidence for that too) and I filed a case on him and his parents under section 498a,mc and dvc i want to know how many years case will come for hearing and after hearing will he get into bars ?
Asked 7 years ago in Family Law
Religion: Hindu

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10 Answers

498A cases take around 10 years to be disposed of

2) if your husband is found guilty he would be convicted by court and will have to go to jail

3) husband can file appeal against the conviction order

Ajay Sethi
Advocate, Mumbai
94733 Answers
7538 Consultations

5.0 on 5.0

you are at liberty to file for divorce on grounds of adultery and mental cruelty

2) rely upon girl testimony to prove his affair after marriage

Ajay Sethi
Advocate, Mumbai
94733 Answers
7538 Consultations

5.0 on 5.0

DV cases take 5 years to be disposed of

2) court will grant you maintenance and other reliefs if you are able to prove your allegations made in DV case

Ajay Sethi
Advocate, Mumbai
94733 Answers
7538 Consultations

5.0 on 5.0

1. Extra -marital affair is very hard to prove and without the proof of actual physical act the offence is never proved.

2. However if you could prima facie prove the affair of your husband you can get divorce but the degree of proof having been very high in criminal trial you can not convict your husband.

3.Trial in India lingers for long and in moderate estimate it should drag for at least 2-5 years.

Devajyoti Barman
Advocate, Kolkata
22825 Answers
488 Consultations

5.0 on 5.0

1. How many years it will take in the court cannot be predicted by anyone. A lot depends on when the police files the challan. After the filing of chalan it should not take more than a few months in the ordinary course.

2. You are free to apply for dissolution of marriage on the ground of adultery if you have evidence to prove that your husband committed it.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

As you are having sufficient evidence he must be convicted. The time will defends on availability of time of the Hon'ble Court. Also defends on witnesses and Addl., Public Prosecutor. Generally it will take 1 to 1 1/2 year for disposal. As cheating on part of your husband is involved you can also file a criminal case under section 420, 406 IPC for cheating and dishonest intention mated to you. Sections 406, 420 IPC can be added to dowry case already filed under section 498-A IPC. Interim maintenance will granted on your application to that effect in MC pr DVC case.

Lakshmi Kanth
Advocate, Hyderabad
446 Answers
15 Consultations

4.7 on 5.0

I got married on 16th April 2016 and after 3months of our marriage I got to know my husband has extra martial affair with someother girl for 2years infact he also cheated that girl by telling Iam not married (even after marriage ) and promised her to marry then I got to know about this and contacted to that girl she also got cheated like me and she provided me all evidence and helped me apart from that he used to harass me (I got evidence for that too) and I filed a case on him and his parents under section 498a,mc and dvc i want to know how many years case will come for hearing and after hearing will he get into bars ?

You have got the cases filed against him as recently as now hence yo may wait for the police to file the charge sheet before court after which the trial in the 498a case will begin.

The DV case and the maintenance case has been filed by you hence you can put pressure on your lawyer to expedite the trial by putting pressure before court to pressurise the opposite party to file their counters.

It depends on how strongly you prosecute him and how fast the case moves on and how far the court is convinced about your case and merits in it for getting him convicted.

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

Can I apply divorce will it effect any of these cases I filed?

You can file a divorce case seeking dissolution of your marriage on the grounds of his adulterous life and mental cruelties after completion of one year from the date of marriage.

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

I applied maintaince case and dvc case on my husband I want to know how many years it will take and what will result of filing that cases

You can refer to your first question in this regard posted above wherein I have given my specific answers to this.

It depends on how much interest you take in this to put pressures on your lawyer to conduct trial in the case expeditiously.

You may first insist on grant of interim maintenance, which will make him feel the pain in the initial stages itself after which you can put pressure on conduct of the main case.

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

Hi

1) Normally cases filed under 498 A, Domestic violence, Maintenance cases take about 18 months in courts at Hyderabad/Ranga Reddy district.

2) Divorce case might take about 24 months. However if the grounds of adultery can be proved in the very beginning at the evidence stage of divorce case, your case might be closed within 12-14 months.

3) In the maintenance case, you should ask the courts for interim maintenance.

4) In the domestic violence case, you should ask the court to issue interim directions to your husband to provide you shelter, return of jewellery etc

5) Only in 498 A case your husband might go behind bars if convicted.

6) In the DVC case, the husband can opt to pay compensation (it might run to 10-30lakhs) and escape imprisonment (however compensation is preferred over jail sentence as jail sentence will be for 1 year only).

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

5.0 on 5.0

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