• Cheating husband

Last year my husband went to attend an academic course in Gujrat for four months, there he had a physical affair with a lady. he came back and hid this affair for almost 1 month but during this time he didn't behave properly with me. one day he revealed his affair saying he cant hide it anymore.
I have access to his email id where i saw saved whats app chat of both and some inappropriate pictures of both.
since then I am into deep depression and continuously fighting and arguing with him, he says I was not a good wife that is why he had fallen for her.

After 6-7 months of depression and fighting I have realized that this marriage is not going to work..
I want to file for divorce now.. I have a son who is 6 year old.

Kindly suggest the best option for me
Asked 3 months ago in Family Law
Religion: Hindu

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30 Answers

Best option is to file for divorce by mutual consent 

 

2) consent terms should provide you would have sole custody of your son 

 

3) husband would pay x amount towards maintenance for child per month 

 

4) y amount as alimony would be paid to you 

 

5) if MCD not possible file fir divorce on grounds of mental cruelty and adultery 

 

6) seek interim maintenance and alimony from husband 

Ajay Sethi
Advocate, Mumbai
76982 Answers
4621 Consultations

5.0 on 5.0

Madam,

You are suggested to file the case of divorce in the Family Court of your area on the grounds of cruelty, claim the child custody and maintenance from him.   

Ganesh Singh
Advocate, NEW DELHI
5435 Answers
10 Consultations

4.5 on 5.0

1. The best option is to work out this marriage for the sake of the child. 

2. No husband is generally desperate to break a settled life and go for uncertainty. 

3. Now in stead of arguing with him often come to terms with his affair.

4. Then you can try to woo him back.  If you shower him with all the love and affection like before condoning his affair I am sure he would come back to you like never before. 

Try to understand him once again.  Yhis would surely save your marriage. Good luck.  

 

Devajyoti Barman
Advocate, Kolkata
20790 Answers
296 Consultations

5.0 on 5.0

If it is your final decision to take a divorce from him, then file a divorce case against him under section 13(1)(ia) of Hindu Marriage Act-1955 based on cruelty along with an application under section 24 of HMA for maintenance and section 26 for child custody. you may also mention the name of the lady with whom he has an illicit relationship and made a party of your divorce petition based on adultery.

 

if it is possible that he is also ready for the divorce then Mutual Consent divorce will be better and you may get the divorce in six months otherwise you have to fight the case more then 2 years.

 

YOU may also file the domestic violence case against him and claim protection, right to residence, monetary relief, child custody, and compensation under section 18,19,20,21 & 22 of The Protection of Women From Domestic Violence Act-2005.

 

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
5740 Answers
268 Consultations

4.9 on 5.0

Your written submissions are showing that you are subjected to cruelty from your husband 

- Hence, you should know , that legally you are having following right  :-

 1.As per law, A wife has the right to claim decent living standards and basic comforts of life from her husband. Hence for claiming the maintenance, you can file a petition under section 125 CrPc.

- Your husband is under legal obligation to provide the same to you at any cost, even he is working or not. 

2.Law entitles wives a basic right to reside in the matrimonial/ home, whether the house owned by her husband or his parents, a rented property or officially provided to him. 

- Hence, for claiming your residential right, medical expenses etc, and also for teaching a lesson to the family members of your husband, who subjected you torture & harassment, you can file a petition under the provisions of Domestic Violence Act.

3. As per the Supreme Court, A wife has complete ownership rights over all her Streedhan, the gifts and money given to her before and after marriage. The denial of Streedhan to the wife makes the husband and in-laws liable for criminal charges. 

- And further, if the husband or his family members subjected a woman to cruelty for the dowry demand, then they can be booked under Section 498-A.

- You can lodge a written complaint against your husband, in the Women cell/Mahila Police, after mentioning all the details of torture & harassment. 

- The women cell firstly will try to reconcile the dispute , otherwise, they will lodge an FIR against all the person, who subjected you cruelty. .

- If you dont want to create any problem for your husband , and simply wants divorce , then take his consent for mutual divorce with the condition of custody of child.

- If not agree for the same , then file a divorce petition on the ground of cruelty and extra marital affairs of the husband . 

Mohammed Shahzad
Advocate, Delhi
4180 Answers
43 Consultations

5.0 on 5.0

Agree and convince your husband to opt for Mutual Consent Divorce which is less time consuming.

1. Let you convince your spouse to agree for Mutual Consent Divorce. Better to opt Mutual consent divorce route and mutually the husband and wife can take decisions in the matter of child custody, finance, assets, maintenance or alimony, returning the jewellery given by  your parents and relatives etc.

 2.  In the joint petition to be filed by both husband and wife for dissolution of their marriage U/S. 13-B of the Hindu Marriage Act (Mutual consent divorce) , the custody of child, maintenance, finances, property matters, visitation rights will be mentioned.

3.  The reason can be mentioned as due to irreconcilable differences they have been living separately since one year, and their marriage has broken down irretrievably and efforts to bring about reconciliation have also failed.

 t4.The time for concluding mutual consent divorce will be 6 months and this cooling period of 6 months can also be waived off in certain cases.

 

Shashidhar S. Sastry
Advocate, Bangalore
2915 Answers
167 Consultations

5.0 on 5.0

It is absolutely your own decision whether to continue with this married life with him or to get your marriage dissolved by a decree of divorce through a court of law.

Now a days such extra marital relationship or affairs are common.

You may give another chance to save your marriage by excusing him and ignoring his past incidence provided he assures that he will not indulge in any such affairs in future.

Your act of magnanimity to forgive him would avoid ruining your married life  and in fact would keep him under fear and pressure so that he will remain loyal to you ever after.

Since you have a six years old child to be taken care, his future may be at stake by any decision taken by you in haste to dissolve your marriage by a decree of divorce.

If you feel it is absolutely intolerable and do not want to continue this marriage then you can ask him to agree for mutual consent divorce with conditions that you may like to impose to secure a financial background to your son and your future maintenance.

If he do not agree for the conditions then you may file a contested divorce on the grounds of mental cruelty citing his acts of adultery as the reason for this.

You can consult an advocate and discuss with him at length about the problems which would enable you to take a proper decision at right time.

 

T Kalaiselvan
Advocate, Vellore
66984 Answers
884 Consultations

5.0 on 5.0

Hello,

  1.  If you have access to those chats that you chanced upon and can prove the admissions he has made, you have a very fair case to get divorce on grounds of cruelty. 
  2. Regarding your child, you can seek maintenance for him and yourself as you file for divorce. Engage a lawyer locally,who can help you file the petition.
  3. If you are able to discuss with him about a mutually consented divorce, this can save a lot of trouble provided he agrees to your terms. You can seek accommodation, maintenance for you and the child and a one time alimony.

S J Mathew
Advocate, Mumbai
2872 Answers
110 Consultations

5.0 on 5.0

1. See the best option is if you and your husband mutually agree and file a mutual divorce before the family court, you may ask for child custody and reasonable alimony from your husband. 

2. In case he is not agreeing to your condition and mutual divorce, you may file for a contested divorce on the ground of adultery and cruelty against the husband, also file for child custody and maintenance. 

Shubham Jhajharia
Advocate, Ahmedabad
25207 Answers
105 Consultations

5.0 on 5.0

1. You are free to file petition for dissolution of marriage on the ground of adultery of husband. Preserve the evidence which you have. Unless adultery is proved the court will not dissolve the marriage.

2. Petition for child custody may also be filed by you if you wish to seek the custody of your child.

Ashish Davessar
Advocate, Jaipur
29804 Answers
856 Consultations

5.0 on 5.0

Dear Madam,

Yes, you can file divorce on the ground of adultery of your husband in Family court.

Either party to the marriage may present a petition for divorce under cl. (i) of sub-sec. (1) of s. 13, on the ground of adultery of the respondent. The expression 'living in adultery' used in old s. 13(I)(i) meant a continuous course of adulterous life as distinguished from one or two lapses from virtue. It would not be in consonance with the intention of the Legislature to put too narrow and too circumscribed a construction upon the words 'is living' in (old) cl. (i) of sub-sec. (1) of s. 13 of the Act. On the other hand, it was clear that too loose a construction must also not be put on these words. For attracting the operation of these words, it would not be enough if the spouse was living in adultery sometime in the past, but had seceded from such life for an appreciable duration extending to the filing of the petition. It is not possible to lay down a hard and fast rule about it since the decision of each case must depend upon its own merits and turn upon its own circumstances. But it is clear that for invoking the application of (old) cl. (i) of sub-sec. (1) of s. 13, it must be shown that the period during, which the spouse was living an adulterous life was so related from the point of proximity of time, to the filing of the petition that it could be reasonably inferred that the petitioner had a fair ground to believe that, when the petition was filed, the respondent was living in adultery. By using the words 'is living in adultery' the Legislature did not intend to make such living co-extensive with the filing of the petition. The identical expression of 'living in adultery' is to be found in s. 488(4) the Code of Criminal Procedure (old) and in s. 125(4) of the Code of Criminal Procedure (new). This expression implies that a single lapse from virtue even if true will not suffice, and it must be shown that the respondent was actually living in adultery with someone else at the time of the application. Living in adultery is different from failing to lead a chaste life.

The expression 'living in adultery' refers to an outright adulterous conduct and the respondent lived in a quasi-permanent union with a person other than the petitioner or the purpose of committing adultery. illicit conception, living as concubine or kept as mistress does not mean living in adultery. After the commencement of the marriage Laws (Amendment) Act 1976, even a single act of voluntary, sexual act by either party to the marriage with any person other than his or her spouse will constitute ground for divorce for the other spouse. But under the old law an isolated act of adultery did not attract the provision of s. 13(1)(i) of the Act, but provided a ground for judicial separation. To maintain a distinction between divorce and judicial separation - e court should even in the context of the Marriage Laws (Amendment) Act 1976, put suitor construction for granting the decree of divorce than the decree of judicial separation. It is because the relation of the husband and wife has to be considered not only from the point of view of the welfare of the husband and wife but also of the children of the marriage.

Netravathi Kalaskar
Advocate, Bengaluru
4953 Answers
26 Consultations

4.8 on 5.0

Dear Concerned, 

 

Adultery is a good enough ground for Divorce and for custody of the child , if you file a divorce case think it out properly and strategize in reference to maintenance, custody of child , expenses for child education etc. 

 

Best of luck  

Atulay Nehra
Advocate, Noida
1247 Answers
56 Consultations

4.7 on 5.0

Best option?

File divorce .. thats it .. 13A HMA if he is not ready to divorce you and 13B HMA if he is ready to divorce (than mutual consent)

File for permanent custody of your child if you want him to be with you. 

Rahul Jatain
Advocate, Rohtak
4059 Answers
4 Consultations

4.9 on 5.0

You can file a case of divorce on the Ground of mental cruelty, and also claim maintenance  for your child. 

i hope you have saved those whats app msgs and pictures of both. that will help you.

Archit Vasudeva
Advocate, New Delhi
223 Answers
1 Consultation

5.0 on 5.0

You can first try to seek mutual divorce. If it's not possible you can go for contested divorce in the same. If he files for custody you can contest custody of child on merits

Prashant Nayak
Advocate, Mumbai
20589 Answers
38 Consultations

4.4 on 5.0

Respected mam...

Mam in such cases it will be difficult for any partner to decide but you have already decided so you have 2 options available for divorce as one is under section 13-A of Hindu Marriage act which is a contested divorce here we need evidence which you are already having...

Second ....if your husband is agree to give you divorce along with alimony they it will be better to get divorced under mutual consent that is under section 13-B of Hindu marriage act ...

You have to seperately file custody of your child if he object in that...these are the options available to us 

 

 

 

 

 

Thank you

Dinesh Sharawat
Advocate, Delhi
1244 Answers
12 Consultations

4.9 on 5.0

You can file for divorce under grounds of mental cruelty and adultery, use the messages, chat and photos of them.

You can file for child custody also, and that, you can ask for interim maintenance for yourself and maintenance for the child.

You can file case under Domestic Violence also i.e., for protection orders, residence orders, monetary relief, custody orders and compensation orders, and that, you can also obtain exparte interim orders against your husband.

If you have made up your mind for separation, the best option will be to go for Mutual Consent Divorce, taking permanent alimony for you and ask for maintenance for the child with a condition to retain custody of child with you.

S Srinivasa Prasad
Advocate, Hyderabad
2507 Answers
8 Consultations

5.0 on 5.0

Dear querist, 

You can file a divorce case on the ground of adultery under section 13(1) of the Hindu Marriage Act, 1955. Since you are in possession of evidences which will sufficiently prove your case. You will be getting a divorce for sure. Moreover, In case you are seeking maintenance from your husband for you and your son. You can file miscellaneous applications for maintenance and for the custody of your minor child. 

You can contact me for consultation. 

Regards, 

YUGANSHU SHARMA 

ADVOCATE 

Yuganshu Sharma
Advocate, New Delhi
367 Answers
1 Consultation

5.0 on 5.0

1. if you want to terminate the matrimonial knot, then, try to settle the matter amicably with your husband involving elders/relatives/friends etc and go for Mutual Consent Divorce which will be decided in 6-18 months, and you both will be free to live life with your wish,

i think now in the present scenario both of you want a divorce,

don't forget to draft an MOU before approaching Mutual Divorce, which is the most essential and important part of a Divorce case to avoid future legal complications,

some basic points to keep in mind and put in writing through an MOU before filing the petition for mutual consent divorce are custody of kids, distribution of assets (movable/immovable), quash/withdraw of pending litigation if any, Maintenance (present/future), Alimony, mode and time of making the payment, streedhan, future litigation, etc.

2. you can also demand your alimony, properties, etc from your husband to lead a peaceful life in future, 

you can contact me for the needful to be done in a professional manner,

Suneel Moudgil
Advocate, Haryana
2166 Answers
3 Consultations

4.7 on 5.0

Hope you have those chats and pictures. Can file divorce on the ground of adutlery. Child custody will stay with you and you can also claim good compensation and maintaince for you and child.

Yogendra Singh Rajawat
Advocate, Jaipur
20144 Answers
28 Consultations

4.5 on 5.0

If you can prove substantially your husband physical relationship with other woman, you can get a divorce decree from court.

Apart from this no other valid ground of divorce exists.

So consult a lawyer who can prove the physical relationship in court.

Kallol Majumdar
Advocate, Kolkata
2683 Answers
4 Consultations

5.0 on 5.0

Seek a lawyers help to prefer a divorce petition on the ground of extra marital affair of your husband.

There are good chances that the you will get the custody of your child, in case the extra marital affair of your husband is established. 

Vibhanshu Srivastava
Advocate, New Delhi
9055 Answers
167 Consultations

5.0 on 5.0

Divorce by Mutual Consent is the easiest way to get a divorce, in this both parties work out their terms on which they agree to part ways- file petition in the court, which is finalised in 6 months. A Hindu woman's right to maintenance is a personal obligation so far as the husband is concerned, and it is his duty to maintain her even if he has no property. It is well settled that under the Hindu Law, the husband has got a personal obligation to maintain his wife and if he is possessed of properties then his wife is entitled to a right to be maintained out of such properties.

In your case the love, affection, trust  etc are lost in your family life. Lack of conversation makes the situation in worst condition in family life. Matrimonial life is for homogeneity and companionship. 

There might be moments, though, when you feel something is completely wrong. Maybe you can still work towards saving your marriage, but how can you find the truth. Sometimes men can't stay in control of their natural instincts and urges – they can't help but look at the opposite sex.

The judicial system has a vested interest in protecting the institution of marriage. A happy marriage is a harbour in the tempest of life an unhappy marriage a tempest in the harbour of life, more and more people are realising the reality of their relationships, and accepting divorce as the rational choice to a better life necessary premised on better relationships.So you have two options, 1. Divorce or 2.Solve the problems between you and your husband.

Crises cause the strong to unite, which makes them all the more powerful. If you need a good family life then refocus your priorities. Make sure your family’s goals meet everyone’s needs. Keeping conversation positive, rather than hostile and derisive, will enable the other person to feel more respected and encourage sharing of thoughts. Arguments never save the life. Children are fragile, handle them with care. If divorce is inevitable, bitter battles cannot be the option to settle issues of child custody and access.

 

Ajay N S
Advocate, Ernakulam
3478 Answers
69 Consultations

5.0 on 5.0

Adultery i.e., extra marital sex is one of the ground for divorce and you can file divorce on the said ground and seek claim and maintenance under section 125crpc for your son also.

The cases for child custody are governed by The Guardians and Wards Act and Hindu Guardians and Minority Act .As the father is the natural guardian of the child and mother is guardian of the child after him ,a Gurdianship case will have to be filed in the family court seeking relief of declaration of mother's as guardian of the child and further seeking relief of permanent custody of the child under various sections of the above mentioned Acts.Normally the custody of child of upto 5 years of age is with the mother. 

Mohammed Mujeeb
Advocate, Hyderabad
17333 Answers
11 Consultations

4.5 on 5.0

- Filing Divorce case it first instance is not advisable.

- Do file the FIR for 498a, under DV Act along with Maintenance Case (125 CrPC).

- Also, look forward to the assistance of the Protection Officer.

- In case you are not working then may seek the maintenance for both of you though even if you are working and your husband is earning a good salary then may seek the maintenance for yourself too. 

- Rest feel free to connect for better input.

 

Regards

 

Vivek  Arya

Vivek Arya
Advocate, Gurgaon
699 Answers
4 Consultations

5.0 on 5.0

Ans: If there are no means for any reconciliation, then you should move ahead for a divorce. Consult your husband, if he is ready for mutual divorce then ideally that is the best and quickest option, as divorce of grounds of say cheating, fraud etc. will take a lot of time in the court. 

Garima Anil Mehrotra
Advocate, Mumbai
432 Answers
1 Consultation

4.9 on 5.0

You should file a divorce petition in the family court on grounds of cruelty and adultery. File an application for maintenance and domestic violence

Rahul Mishra
Advocate, Lucknow
9795 Answers
18 Consultations

5.0 on 5.0

1. Best option is to take divorce and live your life freely with your son.

2. You should also file case for maintenance of your child and yourself.

3. File case for divorce after leaving the home with your child the case should be filed on ground of mental cruelty and adulterous relationship of your husband.

Mohit Kapoor
Advocate, Rohtak
9322 Answers
3 Consultations

5.0 on 5.0

U can simply go to d local court & file for divorce on d ground of adultery & cheating from your husband. 

Also file a maintenance case for yourself & your child.

Also u would have to file a case of custody of your child. 

Before filing for divorce make sure that his relationship with d other women is permanent one or just a passing phase. If it is a temporary one then talk to your husband & make him understand for being unchaste to you.Tell him that he has not kept his marriage vows nor understood his responsibility towards his son.Seeing to the future of your son you should take d decision. 

 

Sital Patil
Advocate, Kota
131 Answers

Not rated

  1. As per the information mentioned in the present query, makes it clear that your husband has done cheating on you and the same is being called adultery in the eyes of law.
  2. I would like to apprise you that you can seek divorce on the ground of cruelty (as what he says to you, it amounts to cruelty) and adultery.
  3. You have sufficient proofs to prove his fault, and child custody never goes to the husband you has been found committed adultery.
  4. But, yes, he may have the visiting rights being the biological father.
  5. You should also ask for heavy alimony for yourself and maintenance for your child.

Sanjay Baniwal
Advocate, South Delhi
5333 Answers
13 Consultations

5.0 on 5.0

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