• Husband wife separation

Dear sir,
 I am leaving separate from my husband from more then 1 years,after 15 day of marriage I came to know that my husband is in relation with othre girl.He dont give me divorce.I am govt service holder...I if I leaving in relation with a others boy..who care me then if their is any problems with my job..my age 31
Asked 4 years ago in Family Law
Religion: Hindu

3 answers received in 30 minutes.

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21 Answers

Supreme court scrapped 497 adultery now every spouse have freedom but adultery is

Grounds for divorce, even you can file petition against your husband under adultery divorce.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

Hello

Your husband is in relation with a girl and therefore you are living separately from him. Now if you have a relationship with a boy then that my be a ground for divorce in case the husband files for divorce. You can also file for divorce as your husband is cheating on you. But your service will not be affected because of your marital problems.

Regards

Rahul Mishra
Advocate, Lucknow
13760 Answers
65 Consultations

5.0 on 5.0

You should file for divorce on grounds of mental cruelty and adultery if husband is having extra marital affair

2) don’t enter into any live in relationship dyoring subsistence of your marriage

3) if your husband complains to govt about your live on relationship you may face problems in your job

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

No there is no problem if you have relation ship with other boy just husband can seek divorce on ground of adultery.

Further in case you are not.living with the husband it is better to take divorce.then carrying on with the name.sake relationship.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You can go for physical relationship with the boy though it will be a big ground to seek divorce for husband but no action on the criminal side or any other action.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You want to have children with your husband

Visit marriage counsellor to resolve your differences

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

for that, you can either persuade your husband to come back or divorce him and marry someone who cares for you.

regards

Rahul Mishra
Advocate, Lucknow
13760 Answers
65 Consultations

5.0 on 5.0

Hello,

There is no problem in your jon, that is your personal life.

You may give him divorce on the ground of cruelity.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

You want a child from whom?

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Please file for divorce on ground of cruelty. If you are in relation with other guy also unless you get divorce from first husband your second marriage will be illegal and void in eye of law so you are bound to take divorce. Your job won't affect due to your personal life

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

Firslty, as per the information mentioned in the present query, Mam, makes it clear that God is with you as just few days back 497 of IPC has been struck down under which your husband may get that guy arrested just by showing that he knows about your marriage irrespective of the fact that you have not been living with him/husband.

Secondly, you should file divorce petition on the ground of adultery before he files against you.

Thirdly, no, there can be no problem in your service as the matter is purely of civil as well as family nature unlike in criminal cases.

Good Luck...!

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

No problem at all because adultery is decriminalised and anyway adultery doe not apply to woman.

About children you can either adopt them or opt for methods like ivf or test tube baby or can have physical relationship with the guy you are comfortable with. Its totally your choice.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

Dear Madam,

You being a government servant, without giving divorce to the husband living with the other person or marrying any one is amounts to Bigamy under section 494 of IPC and it is punishable one. It will effects your job also. It is better to get divorce from your husband as early as possible. After that only you can marry or live with any person.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

Dear Client,

Having external affairs has no complications as the court has over ruled adultery of women an offense but it is subject to moral turpitude and against service rules. Till it`s hide no issue, you can get pregnant from third person but keep it like that you adopted medical services to get pregnant without intercourse. or baby belongs your husband.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

No problem as such, it's just that your extra-marital affair gives him a ground to obtain divorce from you/.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Contest a divorce case against your husband citing his infidelity.

Marry your boyfriend once you are granted divorce by court.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

If you want to divorce him would like to be safe then you may better file a contested divorce against him citing his adulterous activities as mental cruelty due to which you seek divorce.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

I want a children...

Since you are living separately with your children away from him, you can retain the children with you, let him file a child custody case if he wants to have the children , which you can challenge properly on the grounds of his adulterous life.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

1) First get proper divorce from husband and then remarry with proper procedure. Don't go for any live-in- relationship.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

You can file for divorce on grounds for adultery by husband under section 13 of the Hindu Marriage Act which are valid grounds for divorce.

If you live in adulterous relationship during the subsistence of marriage, your husband can also file for divorce on Grounds of adultery on your part, though no Criminal action can be taken against any of the parties involved.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

If you want children, you will have to convince your husband to restitute your relationship.

If you have a child with your boyfriend, the child would be an illegitimate child.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

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