• Divorce

I am having an extra martial affair with a guy since 19 yrs.our famiies knows evey thing.we are living together since 7 yrs but my bf visit to his house once in 15 days.my husband lives in jamaica but he is not ready to gv divorce neither his wife is ready.If i am putting file against my husband can i get divorce and compensation.what happen if my bf put file against his wife.???my children are in favor of me however one is still under 18 but my parents are in favor with my husband.
Asked 4 years ago in Family Law
Religion: Hindu

3 answers received in 1 hour.

Lawyers are available now to answer your questions.

17 Answers

Your boy friend has to pay 1/3rd or 1/5th of his salary if his wife claims maintenance secondly your boy friend has to prove beyond reasonable doubt that he is entitled to decree of divorce.

On other hand you may get divorce on ground of mental cruelty but in case if you claim maintenance chances of your husband filing complaint of adultery against your bf is more. So better restrain from claiming maintenance.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

You are lucky as your husband is away in Jamaica else your bf would have been in jail for adultery. You need to take a firm decision before it is late and file a divorce petition for mutual.since you are already out of this marriage and in adultery so please do not expect any compensation just expect divorce from him.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Hi, you can ask fir maintanance from your husband under 125 Crpc .. If he is willing to give divorce you can also seek one time alimony from him ..

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

If everyone is giving free consent for mutual divorce then, compensation/maintenance amount can be settled mutually.

But if your husband or his wife files for contested divorce then case can be different because in India, Section 497 of the Indian Penal Code deals with Adultery. And as per the Indian law, though a woman cannot be punished for the offence of adultery. Only a man who is involved in adultery with the wife of another man without his consent can be punished under this offense in India."

Moumita Mitra
Advocate, Kolkata
366 Answers
1 Consultation

4.0 on 5.0

you can file for contested divorce on grounds of desertion and mental cruelty

2) husband refusing to stay with wife amounts to mental cruelty

3)contested divorce cases take 5 years to be disposed of

4)you can seek alimony from husband

5) however if husband is able to prove that you are guilty of adultery you would not get any maintenance

Ajay Sethi
Advocate, Mumbai
87917 Answers
6207 Consultations

5.0 on 5.0

you have to prove allegations made in divorce petition

2) wife guilty of adultery is not entitled to any maintenance

Ajay Sethi
Advocate, Mumbai
87917 Answers
6207 Consultations

5.0 on 5.0

what is your boy friend income?

is his wife working?

is there substantial differnces in income

alimony to wife depends upon husband , wife incomes , standard of living and is at discretion of court

Ajay Sethi
Advocate, Mumbai
87917 Answers
6207 Consultations

5.0 on 5.0

Hi,

In your case, it is better both of you take mutual consent divorce and don't go for contested cases. Mutual consent divorce may be decided very early that that of contested cases. During divorce negotiations, everything i.e. child custody and maintenance would be decided peacefully.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

1. Running an extra marital affair during the pendency of marriage is not legal in our Country, even if the fact is known to your family members.

2. You can get the decree of divorce from your husband by filing a divorce suit on acceptable ground like cruelty. Without an acceptable ground, you can not expect to get the decree of divorce.

3. Similarly the above applies to your BF also and he shall have to file divorce suit on appropriate ground like cruelty for which he shall have to submit adequate evidence in support of his allegation.

4. It is immaterial whether your children or your parents are in your support to run the extra marital affair of against it. The fact is that it is illegal as per law and you can seek divorce only on acceptable groound like cruelty for which you shall have to submit adequate evidence.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

1. As already explained in my earlier post, you can get divorce decree only acceptable ground like cruelty.

2. You shall have to file the divorce suit on the ground of cruelty and shall have to submit evidence in support of your claim.

3. Your husband will get the opportunity to contest the case filed by you and after hearing both the parties, the Court will either pass the decree of divorce or dismiss your suit.

4. If decree of divorce is granted to you, the Court will decide about the amount of compensation, if the cruelty committed by your husband can be proved by you.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

1. If your BF's wife files an application for maintenance for herself and her daughter, then ordinarily an amount of 1/3rd to 1/4th of his net monthly earning might be ordered by the Court towards maintenance/alimony.

2. In case he gets the decree of divorce in his favour, the Court will order similar amount towards alimony.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

In my opinion, you will neither get a Divorce nor any compensation as a person cannot take advantage of his/ her own wrongdoings, given that you have been living in adultery while your husband, despite being aware of the same, has continued performing his duties and obligations. Same goes for your boyfriend. The only situation under which the both of you can get Divorce if it is mutual or if your spouses file for Divorce. In that case, your bf would have to give a good amount of alimony.

Radhika Mehta
Advocate, Mumbai
484 Answers
4 Consultations

5.0 on 5.0

Since you are planning to file divorce case, you can do it even if he is living in Jamaica.

You can get an exparte divorce also if he is not receiving the summons continuously by taking steps for service summons by substituted service.

Please remember that your boyfriend also has to obtain divorce from his wife in order to get married to you.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

Whether your husband sends money for maintenance or not, it is your decision whether to continue your marriage with him or not.

If you have decided to dissolve your marriage with him, then you ,may look grounds for seeking divorce.

The separation and non-cohabitation for a period of over 2 years may also be a ground for divorce besides cruelty and desertion.

As far as compensation, you can talk to him about one time settlement.

If he do not agree for that then you can seek maintenance by providing his income details before the court.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

My bf has one daughter under 18.how much allimony my bf has to pay to his wife.

The quantum of alimony will depend on how much she seeks and how he defends his interest.

Generally it should be one third of his proven income.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

You can file divorce and seek maintenance for your child from your husband. You will get the same

Prashant Nayak
Advocate, Mumbai
27247 Answers
88 Consultations

4.4 on 5.0

There is no hard and fast rule to calculate the amount of alimony. Its depend on the salary, lifestyle, education, debts, responsibilities of both the parties.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer