• Husband having affair

Hello ,
my cousin got married in aug end 2017 
after 2 months she revealed that there was no physical contact between them as her husband have some girl friend who used to come to home after marriage also
she said she saw some text messages between her husband and his girl friend
unfortunately, that Girlfriend attended marriage too
 we do not understand how to proceed,,,
that girl friend is saying she cant live with out him,,and this guy asked my cousin to not to come to home,,,,,,,
if we ask for divorce he may re-write the story as if we did some mistake, if we dont ask divorce he wil continue with his GF,,,what are the options we have to save my cousin life,,,we still hope their marriage to be successful,,,,
if divorce is only option ,,he may escape easily but my cousin ( poor family) will be in trouble for life time  ( as you know second marriage is not that easy) ,,,and we got to know that he doesnt have any assets in his name ( everything in their parents name only) and he is the only son,,,if we approach with divorce how my cousin will be benefited,,,
he is not asking for dowry atleast till today  so we do not want to put dowry case ,,but he choose to play mindgame  so that my cousin her self will file divorce,, we want to teach him a lesson 
we tried to give counselling ,but he is rejecting and not listening at all,,,
Asked 2 years ago in Family Law from Hyderabad, Telangana
Religion: Hindu

file DV case against husband

2) seek maintenance from husband

3) seek right to stay in matrimonial home

4) compensation for mental torture undergone by the girl

5) cousin can file for anullment of marriage on grounds of impotency of husband

Ajay Sethi
Advocate, Mumbai
73013 Answers
4384 Consultations

5.0 on 5.0

Dear Client,

What were the compelling reasons that she was made to marry him or he consented to marry ?

Yogendra Singh Rajawat
Advocate, Jaipur
17397 Answers
21 Consultations

4.6 on 5.0

1. Ask your cousin tontalk to her hsubamf ree and frank on this sisue.

2.if he admits of this and becomes ready to forget this girl for the sake of his wife and is ready to work the marriage out then it is advisable to sort out the difference peacefully and live life peacefully.

3if he refuses to admit or refuses to severe relationship with this girl then your cousin can file case u/s498A,IPC and case under PWDV Act claiming maintenance and compensation.

4. After one year she can file divorce suit as well.

Devajyoti Barman
Advocate, Kolkata
18831 Answers
270 Consultations

5.0 on 5.0

Dear Querist

if your friend's wants to teach him a lesson then file a criminal case against him and his family for the offence of cruelty u/s 498A of IPC and also make his girl friend a party as an abetor.

apart from this your cousin may file domestic violence case and claim protection, right to residence, monetary relief, child custody, if any and compensation under section 18,19,20,21 & 22 of the Act-2005.

Divorce case can also be filed but it will be better to wait and watch till some relief granted in the above two cases.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
5413 Answers
262 Consultations

4.9 on 5.0

1)only in exceptional circumstances can you file for divorce before expiry of one year of marriage

2)wait for expiry of one year then file for divorce on grounds of mental cruelty

3) husband refusal to have sex amounts to mental cruelty

4) husband having extra marital affair amounts to mental cruelty

5) wife can seek maintenance from husband

6) wife has no share in husband property

Ajay Sethi
Advocate, Mumbai
73013 Answers
4384 Consultations

5.0 on 5.0

1. Having girl friend before or after marriage is not an offence punishable under law. if he enters in to a physical relationship with his said girl friend, then only the charge of adultery surfaces.

2. So, wait for some more time and let your cousin secretly collect evidence of his having physical relationship with his girl friend by audio/video recording the incidences and conversations.

3. Thereafter, your cousin shall have to decide what she wants to do with this type of matrimonial relationship. If she decides to terminate it, then she should lodge a police complaint alleging dowry harassment u/s498A of IPC , DV and also adultery duly submitting evidence in support of her claim/allegation. She can file an application seeking maintenance which will be allowed by the Court.

4. Thereafter, after completion of one year of marriage, she can file a divorce suit claiming substantial amount towards compensation/alimony.

Krishna Kishore Ganguly
Advocate, Kolkata
23702 Answers
649 Consultations

5.0 on 5.0

No claim of wife in the property of husband except right to residence, maintenance alike.

Either wait for some days or file an FIR against family n husband for cheating that taking advantage of her miserable poor life, offered to marry him knowing his relationship with other women with false hopes n promises and now she is being humiliated as he bring her gf at home, n do acts. and ruined her life.

Also talk to parents of boy , y they cheated her when this boy was not interested in her .

Domestic rights are available but up to certain level - She is under unconsummated marriage but no violence,dowry demand or else,

Bringing other women at home amounts to cruelty and unconsummated marriage, enough ground for divorce, on this basis she can claim maintenance n alimony depends on his life style n earning. Even damages for cheating n ruining her life.

Yogendra Singh Rajawat
Advocate, Jaipur
17397 Answers
21 Consultations

4.6 on 5.0

1. 'he is enjoying with his girlfriend' should mean having physical relationship with her, to legally taking him to court.

2. If it is decided to terminate the relationship, then your cousin should take the steps as suggested in my earlier post.

3. She shall have to file the divorce suit on the ground of cruelty only after completion of one year of marriage.

4. .She can also file a petition immediately praying for annulment of her marriage on the ground that her consent for the marriage was availed by suppressing the vital fact that he is running an illicit relationship with her girl friend and wants to continue with the said relationship even after his marriage and had this information been made known to her by him, she would not have given her consent for the said marriage. In the said petition she also should claim substantial amount towards compensation.

Krishna Kishore Ganguly
Advocate, Kolkata
23702 Answers
649 Consultations

5.0 on 5.0

Hi

As per your description , file a criminal complaint of 406 , 498AIPC , Domestic violence Act , 125crpc File these complaints against him. He will come to you by folded hands.

At that time if you want to compromise and settle down the matter then do that or you can get divorced . At that time it all will be her choice to decide about future.

Thank You

Rahul Jatain
Advocate, Rohtak
1304 Answers
3 Consultations

4.9 on 5.0

Respected mam ...

You have to make your mind clear weather you want to punish him or not ....If yes then you do have to follow the procedure of law ....There are many options such as 498-A of IPC , and D.V act and section 125 of crpc, along with divorce case ...Mam you have to follow and file such case that will make him punish ...And mam collect all such evidence which relates to her gf ...in law that is no where mentioned that you are married and you are having a gf...it is void ...

Mam you have to be strong and face this case strongly...... Suggestion...A person of these type should be punished socially and legally..

Thanku

Dinesh Sharawat
Advocate, Delhi
971 Answers
6 Consultations

4.9 on 5.0

the girl is legally wife and second marriage or ther affair are totally illegal and attract a serious case under section 494 indian penal code ,

Rajbir Kumar
Advocate, Meerut
5 Answers

4.0 on 5.0

I think girl should opt for divorce with the intention to get some monetary benefit. Because boy will never change he will continue with her girlfriend. So, girl need to move on. She should file maintenance petition against him and domestic violence.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

Hi, if you do not want to carry on with the marriage , both of them can file a mutual divorce petiton .. If you want to punish him for cheating, it is advisable not go for divorce, instead file FIR under 498A and also a complaint under domestic violence.. Your sister can also ask monthly maintenance under section 125 Crpc ..

Hemant Chaudhary
Advocate, Gurgaon
4336 Answers
34 Consultations

4.9 on 5.0

Unfortunately as per law, the act of adultery or adulterous life by husband especially with an unmarried woman is not considered as an offence in criminal law. However she can cite this as a reason for mental cruelty seeking divorce on the grounds of cruelty.

She cannot file a divorce case within one year from the date of marriage.

She may file an annulment case on the grounds of non-consummation of marriage owing to his impotency if she wants to quit the married life.

T Kalaiselvan
Advocate, Vellore
62966 Answers
814 Consultations

5.0 on 5.0

She cannot lodge a police complaint on his adulterous life.

If he is married to that woman subsequent to marrying your cousin then she can take up the case for the offences of bigamy.

In any case she has no rights to a share in his own property as well, but she can claim maintenance from him if he has deserted her or she is driven out of home.

She cannot seek a share in his father's property as well on any basis.

She has to look for some other way for getting solution to the present crisis.

She has to approach police with false complaint to put pressure on him if she is desirous of getting any relief.

T Kalaiselvan
Advocate, Vellore
62966 Answers
814 Consultations

5.0 on 5.0

You should file a DV case against your husband and thereupon you must claim maintenance from him along with a right to stay in the matrimonial house.

You may also note that your cousin can file a case for annulment of marriage on the ground of impotency, impotency is a ground for annulment of marriage.

Regards

Anilesh Tewari
Advocate, New Delhi
17447 Answers
283 Consultations

5.0 on 5.0

No you can not file a case of divorce before one year of marriage.

You have ample grounds to file a case on the ground of mental cruelty.

Wife does not have any legal share in the property of the husband.

It is advised that you wait for a year and then file a divorce on the ground of mental cruelty.

Though annulment can be filed before one year.

Regards

Anilesh Tewari
Advocate, New Delhi
17447 Answers
283 Consultations

5.0 on 5.0

If she doesn't wishes to go for a remarriage and take a chance with this and if she has been abandoned by this husband, she may file a petition for restitution of conjugal rights under section 9 of the Hindu Marriage Act before the Family Court.

Besides, she may seek interim maintenance from her husband.

Vibhanshu Srivastava
Advocate, New Delhi
8755 Answers
152 Consultations

5.0 on 5.0

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