You need to file a divorce in the said case after separation of one year from him. You can also file domestic violence complaint against him along with maintenance applications under 125 crpc and divorce proceedings
Rights of a legal wife when cheaten or legt allen by husband
Dear Madam and Sirs, my question is regarding the rights of an official married wife (under special marriage act): what the wife can do if she finds out that her husband is cheating her with another woman? And what if the husband just disappears (not coming home anymore, no answers on phone calls)? In this case the wife is a foreigner from Russia and she is having a little child together with her husband. Are there any special laws because she is a foreigner? Does her husband have to pay for the daily expenditures for her and their son? Does she even have the right for putting him in jail because of cheating and leaving her alone with their small baby? Would be very happy to get some answers on my questions. Sincerely yours, Andrea
Asked 6 years ago in Family Law
Religion: Other
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10 Answers
If wife finds out that her husband is cheating on her and she has adequate documentary evidence for the same, she can file for divorce on grounds of adultery and cruelty.
No criminal complaint can be made against the husband for the offence of adultery as it is not a criminal offence in India.
But, wife can claim maintenance for herself and her child if she is unable to support herself from her own incomefor which a petition under section 125 of the code of criminal procedure has to be filed where in monthly maintenance would be decided by the court.
A complaint can be made against the husband, if there were any instances of domestic violence by him.
Wife can file DV case against husband seek protection order, right to stay in matrimonial home , custody of child maintenance and compensation for mental torture undergone by her
2) in alternative she can file application under section 125 cr pc seek maintenance from her husband
3) she cannot put husband in jail because he is cheating her
4) she can file for divorce on grounds of mental cruelty, seek interim maintenance and alimony from husband
You may file an application under section 37 of the special marriage act and may claim maintenance from the husband. The section reads as follow:
Section 37 in The Special Marriage Act, 1954
37. Permanent alimony and maintenance.—
(1) Any court exercising jurisdiction under Chapter V or Chapter VI may, at the time of passing any decree or at any time subsequent to the decree, on application made to it for the purpose, order that the husband shall secure to the wife for her maintenance and support, if necessary, by a charge on the husband’s property such gross sum or such monthly or periodical payment of money for a term not exceeding her life, as, having regard to her own property, if any, her husband’s property and ability 1[the conduct of the parties and other circumstances of the case], it may seem to the court to be just.
(2) If the district court is satisfied that there is a change in the circumstances of either party at any time after it has made an order under sub-section (1), it may, at the instance of either party, vary, modify or rescind any such order in such manner as it may seem to the court to be just.
(3) If the district court is satisfied that the wife in whose favour an order has been made under this section has re-married or is not leading a chaste life, 2[it may, at the instance of the husband vary, modify or rescind any such order and in such manner as the court may deem just.]
(1) Any court exercising jurisdiction under Chapter V or Chapter VI may, at the time of passing any decree or at any time subsequent to the decree, on application made to it for the purpose, order that the husband shall secure to the wife for her maintenance and support, if necessary, by a charge on the husband’s property such gross sum or such monthly or periodical payment of money for a term not exceeding her life, as, having regard to her own property, if any, her husband’s property and ability 1[the conduct of the parties and other circumstances of the case], it may seem to the court to be just.
(2) If the district court is satisfied that there is a change in the circumstances of either party at any time after it has made an order under sub-section (1), it may, at the instance of either party, vary, modify or rescind any such order in such manner as it may seem to the court to be just.
(3) If the district court is satisfied that the wife in whose favour an order has been made under this section has re-married or is not leading a chaste life, 2[it may, at the instance of the husband vary, modify or rescind any such order and in such manner as the court may deem just.]
Regards
She can take divorce on ground of adultery.
See for such desertion though wife can give complaint of cruelty but it is desertion and divorce is only possible.
There is no special if she is foreigner.
Yes she can fe for maintenance for herself and the kid.
The husband cannot be jailed.for adultery or desertion.
1. The wife can at the most apply for divorce and also adopt her remedies under the DV Act to seek maintenance and monetary compensation from her husband.
2. He cannot be put in jail because Section 497 of Indian Penal Code which criminalised adultery has been struck down as unconstitutional by the Supreme Court of India.
file a maintenance case against husband seeking maintenance under Sec.125 Cr.P.C. she can claim maintenance foe child as well as herself. The court surely grants maintenance. alternative she can file domestic voilence case against her husband.
No such special protection under law provided neither wife and child have any claim in the property of husband in his life time except to claim maintenance and right to residence. You can get prohibition order from if husband try to alienate property.
And for filling criminal complain of cheating, he must have deceived you to deliver any property, mere non performing of marital obligation and having external affair is no crime.
There's no punishment for cheating wife because adultery is no more a crime in India.
She can file
1. Maintenance case under section125 cr.p.c.
2. She can file restitution of conjugal rights
3. She can file domestic violence case.
Let she consult a local advocate and proceed as per law.
Dear
The law in India favor women against cruelty and dissertion by Husband.
First step the wife can take is file a case of Restitution of conjugal rights against her husband to join her back. If she doesn't want to take this step.
She can file a case for maintenance for herself and her child under section 125 of Criminal procedure code against her husband to get monthly maintenance from husband.
She cannot file a criminal case of adultery against husband as it is no more an offence Under Indian penal code. But she can choose another case by which husband may have to face jail term for not obeying the orders of court.
