• Divorce

Hello I'm a 34 year working women .have a girl kid with 5 year old.my marriage got over 13 year back.its was a love marriage.from the first month onwards after marriage Im getting both mental and physical harassment from my husband.he is a drunkard..but I never inform dis to anyone bcz all my relatives are not interested in my relation.but nowadays I can't afford him anymore bcz nowadays his behaviour is like dat..and also I found some illegal relation with some other ladies.i have the chat history of the same....so kindly suggest me what to do.......
Asked 1 year ago in Family Law from Kochi, Kerala
Religion: Other

If the marriage is solemnized in accordance with the hindu rites and customs, then, the marriage has to be dissolved through filing a divorce petition before the jurisdictional court where both of you last resided, or where you reside. Living in adulterous life is difficult to establish before the court of law and one has to be prove through strong circumstances.

Rajaganapathy Ganesan
Advocate, Chennai
1510 Answers
8 Consultations

4.9 on 5.0

Depends. If the other side strongly objects, then, it may be discarded.

Rajaganapathy Ganesan
Advocate, Chennai
1510 Answers
8 Consultations

4.9 on 5.0

If you have irrefutable evidence and if such evidence is admissible, you will be able to show it to the judge and use it as proof of adultery.

Adultery is also one of the valid grounds for divorce in India under Section 13(1)(i) of the Hindu Marriage Act, 1955 which reads as under:

13 Divorce —

(1) Any marriage solemnised, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party;

(i) has, after the solemnisation of the marriage, had voluntary sexual intercourse with any person other than his or her spouse;

So, if you can prove it to the court about his illicit relationships, you can get divorce on grounds of adultery.

Siddharth Jain
Advocate, New Delhi
4720 Answers
52 Consultations

5.0 on 5.0

If you feel that you cannot live with him peacefully and decided to get divorce, talk with him through the mediator or well wisher to file petition for mutual consent to divorce. If he refused to give consent, you may file divorce petition on the grounds of mental and physical cruelty and adultery. While pending the petition, you can also seek maintenance to you and the child.

Selva Perumal
Advocate, Chennai
283 Answers
29 Consultations

4.9 on 5.0

file for divorce on grounds of mental cruelty and adultery

2) seek interim maintenance from husband , alimony , custody of your child

3) also file DV case seek maintenance , alternative accommodation from husband , compensation for mental torture undergone by you

Ajay Sethi
Advocate, Mumbai
66757 Answers
4037 Consultations

5.0 on 5.0

you can seek divorce on grounds of adultery

2) make his girl friend co respondent in divorce case

3) rely upon chat history of husband to prove adultery

Ajay Sethi
Advocate, Mumbai
66757 Answers
4037 Consultations

5.0 on 5.0

You have not mentioned about solemnization of your marriage whether as per Hindu or under Spl. marriage act ????? Even after filing of of OP for divorce also, u can join together. If firmly determined to live separately, u can file divorce as per method of marriage and u can file FIR under sec.498-A of IPC, also u can file DVC case, MC case and for share in his property for your kid.

Konda Srinivas
Advocate, Hyderabad
208 Answers
1 Consultation

Not rated

Dear Client,

First thing you should do to file complaint against him for physical violence, this way police will prohibit (prevention order) him to commit any violence and still he repeats, proper criminal complain.

Adultery is good ground for diovrce, if your are looking for. Custody of child rest will rest with mother.

Yogendra Singh Rajawat
Advocate, Jaipur
13088 Answers
15 Consultations

4.6 on 5.0

Dear,

If you want divorce from your husband, then you have a right and solid proof for that.

But before this first of all file police complaint for physical torture given by your husband

to you.

You will defiantly get divorce from court and child custody also.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

1) Yes, you can go for the divorce under and book him under adultery case. Yes all chat history of his and lady can be prooved as adultery.

Ganesh Kadam
Advocate, Pune
7453 Answers
65 Consultations

4.9 on 5.0

I have solved many cases like this. It is unfortunate that you could not live a happy married life. There are some incidents that happen in your life and those incidents are so strong that they change your DNA. They say marriages are made in heaven. But so is thunder and lightning. Please understand that the husband and wife are two wheels of the cart and in case one wheel feels the bumps the other wheels keeps the balance. This is an old age saying and even working in this era. At times, despite our best efforts, life takes a turn for the worst. We may have wanted different things from life, but life’s got its own plan as well. A bad marriage is something which nobody hopes for, but at times, that’s exactly what we are given and forced to face head on. Marriages are hard. Divorces…even harder. Nobody enters marriage thinking about a divorce in the end. If some are unable to cope with the harsh realities of marriage, the only viable option in front of them is to approach the Court and seek legal separation.

Legal options are always available for you. Physical and mental harassment can break you and damage you forever. You and your 5 year old child have a right to live life with peace and with happiness. Your husband has no right to harass you physically and mentally. A husband cannot have an affair or marry another girl unless he is legally divorced. A husband can be charged of adultery if he is in a relationship with another married woman. His wife also has the right to file for divorce on the grounds of his extra-marital relationship. A wife has the right to live her life with dignity and to have the same lifestyle that her husband’s and in-laws have. She also has the right to be free of mental and physical torture. A wife is entitled to claim decent living standards & basic comforts of life by her husband as per his living standards.

Now, as you have all the evidences which can be used against him so you should file a police complaint against your husband for domestic violence you faced for 13 years and you can file a mutual consent divorce. Mutual Consent Divorce is a simple way of coming out of the marriage and dissolves it legally. Important requirement is the mutual consent of the husband & wife. There are two aspects on which Husband & Wife have to reach to consensus. One is the alimony or maintenance issues. As per Law there is no minimum or maximum limit of maintenance. It could be any figure or no figure. Next important consideration is the Child Custody. This can also be worked out effectively between the parties. Child Custody in Mutual Consent Divorce can be shared or joint or exclusive depending upon the understanding of the spouses. In mutual divorce case proceedings takes less time to settle and you need to appear 2 times in court and you will get the order.

If you husband do not agree for mutual divorce then you file can file a consented divorce case on the ground of extramarital affair, mental cruelty and physical cruelty. Consented divorce case proceedings can take up to 5 years to settle so decide accordingly.

At last just want to say that divorce isn't such a tragedy. A tragedy is staying in an unhappy marriage.

SHRI GOPAL VERMA

ADVOCATE ON RECORD

SUPREME COURT OF INDIA

Shri Gopal Verma
Advocate, Delhi
204 Answers
1 Consultation

4.0 on 5.0

you must immediately file maintenance under section 125 of CRPC and your husband is bound to pay such maintenance.

Aveek Bose
Advocate, Kolkata
950 Answers
4 Consultations

4.7 on 5.0

1. If you do not want to stay with your husband anymore then best option is to as for mutual divorce as through this your marriage would be dissolved within short time without much effort.

2. In the MCD you can make him agree to give you one time settlement money as well.

3. if he does not agree then first file case for maintenance under PWDV Act and a case dowry harassment and tortures under section 498A IPC .

4. Once you file these cases there is great prospect then he may come forward and agrees to settle the case.

Devajyoti Barman
Advocate, Kolkata
17780 Answers
251 Consultations

5.0 on 5.0

Dear Ma'am,

You may file for divorce on the grounds of cruelty against the husband in the court. These chats would be useful to prove cruelty in the court but not adultery.

Regards,

Jai Bansal
Advocate, New Delhi
198 Answers

5.0 on 5.0

you can file a divorce petition on ground of cruelty and illegal relation.

Mukesh Kayath
Advocate, Hisar
7 Answers

Not rated

1. Collect evidence of his all cruel acts by audio/video recording his such conversations with you.

2. Also collect as much evidence as possible regarding his extramarital affairs and it will be better if you can collect any evidence, in thr form of admission, of their having had physical relationship after his marrying you.

3. There after you can file a divorce suit against him on the ground of cruelty.

4. You can also file a DV case against him duly submitting the evidence in support of your allegation.

Krishna Kishore Ganguly
Advocate, Kolkata
22506 Answers
594 Consultations

5.0 on 5.0

1. Do not let him understand that you have come to know about his said extra marital relationship and keep collecting evidence in this regard.

2. Chat records are considered as digital evidence but you shall have to preserve the same in the computer where in it has appeared without tampering the original record.

Krishna Kishore Ganguly
Advocate, Kolkata
22506 Answers
594 Consultations

5.0 on 5.0

You can file a divorce on the ground that he is having affair with some lade as the same amounts to mental cruelty.

Regards

Anilesh Tewari
Advocate, New Delhi
16907 Answers
259 Consultations

5.0 on 5.0

Also thereafter you can file a case of maintenance and claim maintainance for yourself and for your daughter.

The case will be filed under section 125 of cr.p.c

Regards

Anilesh Tewari
Advocate, New Delhi
16907 Answers
259 Consultations

5.0 on 5.0

It is your decision to make a call accordingly especially if circumstances and the tortures as well as prevailing situations are intolerable to continue this married life with him.

You can file a divorce case on the grounds of mental and physical cruelty(if he abused you physically too).

You can decide to walk out of his house or remain under the same roof for filing divorce petition against him.

T Kalaiselvan
Advocate, Vellore
56549 Answers
695 Consultations

5.0 on 5.0

I have solid evidence of his other relation.eg chat history of them.whether this should be consider in court

The court will not consider the chat history as evidence to prove his acts of adultery if you are planning to file divorce on the grounds of adultery.

This can be added as a grounds for seeking divorce if you are filing the divorce petition on the grounds of cruelty

T Kalaiselvan
Advocate, Vellore
56549 Answers
695 Consultations

5.0 on 5.0

You can file divorce in family court. You can claim maintenance from your husband. You can also file case of domestic voilence against him.

Prashant Nayak
Advocate, Mumbai
12732 Answers
22 Consultations

4.6 on 5.0

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