File for divorce on grounds of mental cruelty and adultery
2) make his girl friend co respondent in divorce case
3) seek interim maintenance and alimony from husband
4) seek sole custody of your child
Extramarital affair and mental torture
I was happily married since 8 years since my husband’s ex entered our life’s. After that he has started changing his colour . He is trying to create worse circumstances for me to live so that I can live myself because he himself is coward and don’t have guts to accept his affair. He wants to prove me characterless and he keeps on blaming me in front of his parents that I’m not a good wife so that his parents can throw me out . I have many proofs as audio’s of conversation of him and his ex which clearly shows he is having extra matrial affair. I don’t know what to do I have a daughter of 7 years old who is suffering without any fault I pity her . Me and my daughter can’t live without each other . Kindly show me the right way.
Asked 3 years ago in Family Law
Religion: Hindu
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8 Answers
Dear Sir/Madam,
It is suggested that you give time to yourself and seek the best path for you. There are lots of incertainties but you need to move ahead either to throw out that ex of your husband or to get rid of this relation. Need to take strong and determined steps.
If this is beyond the mutual settlement, go for marital separation by way of filing for divorce. Bring in adultery and mental harassment charges supported by the evidence you have referring to the third person involved. You can go for getting custody of your daughter.
Since your husband has not taken any legal action for divorce and also as you want to save your marriage, you may better remain silent and unprovoked over the developments.
Let him initiate the action after which you can take defensive action.
If the tortures are intolerable you can even plan to file a domestic violence case against him and his mother who are harassing you.
You may first become aware that you cannot take any legal action against him even if you have clinching and substantial evidence to prove his extra marital affairs.
It's not a crime as per law.
Therefore you first remain strongly in the marital relationship and dont allow the gap between you both to become more wider.
You don't leave the matrimonial home on your own under any circumstances.
1. Having conversation with Ex-Fiancée is not a crime as per law.
2. Unless you have evidence that both of them entered in to physical relationship, you won't be able to take your husband to Court.
3. It will be prudent on your part to silently observe the developments and collect evidence of their having had physical relationship to decide on the matter appropriately.
- Extra marital affairs is a ground for divorce , if you dont want to live with him further ,
- Further , you can also file maintenance case against him and can lodge an FIR for the cruelty as well.
- Further , a mother is a better guardian of a female child , hence you can approach the court for claiming custody of your daughter legally.
A maintenance application should be filed against him. A domestic violence case against him should also be filed for mental cruelty and torture.
Ifyou want divorce then file a divorce petition too.
You can also file a fir against the woman for criminal intimidation and threats.
1. You should first decide what you want to do.
2. Adultery by spouse is a ground for divorce under Hindu Marriage Act. If you have evidence to prove his adultery then you are free to file petition for dissolution of marriage.
3. Your husband is bound to maintain his wife and daughter.
