• Extra marital Relationship

Hello sir Im Priya from Tamilnadu.. I am writing this query with the help my friend as i am not educated..ou

Me and My husband got married 12 years ago and has two children. From the beginning i been tortured by Husband's family members.I tolerated because i had big support of my husband...

Recently 5 years back he is habing affair with a lady...Started drinking with friends.... We didn't have sex for last 5 years...I told him stop all non-sense and be good.

I complaint these matters to my parents except denial of sex.But they asked me to adjust... I happened to have chat with my neighbour guy to irritate my husband  soon . After few months we had sex each other.My husband came to know this .

He somehow got the adult phone conversation between me and my neighbour.He used that as evidence to file divorce.it is in court now...

As  i was not educated that much i couldn't get evidence out of his extra marital affair. so i couldn't defend myself...though i did to take revenge on him,it backfired me..

If im proved done adultery,,, will the divorce be granted on favor of my husband.. If so what will happen to my life....Any maintenance and my kids maintenance ?

Can i now file case on my in-laws of torture in the past ?
Asked 2 years ago in Family Law from Madurai, Tamil Nadu
Religion: Hindu
You should file for maintenance for self and children under section 125Cr.PC.so long divorce case is pending you will get maintenance and even if  adultery is proved,which is not so easy to prove,then your kids will get maintenance. You can file 498a or DV case against your torture etc.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
Interim maintenance may be granted to you U/s.125 Cr.PC till the matter is settled in court. If adultery is proved, you will not get maintenance.  Your children will get maintenance.
Shashidhar S. Sastry
Advocate, Bangalore
1233 Answers
59 Consultations
5.0 on 5.0
if adultry is proved in court your husband will get divorce as well as you will loose right of maintenance. so fight your case strongly. however your children will get maintenance
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations
3.9 on 5.0
If your husband succeeds in proving your infidelity then court will inevitably grant him divorce. Once he is granted divorce you will lose the right to claim maintenance from him, albeit your children will have the right to seek financial support from their father. The 'adult phone conversations' between you and your paramour are sufficient to prove that you had sex with your neighbour.
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0
It is very difficult to prove adultry under indian law,more over for your lnformation i would like to mention that in recent supreme court judgement ,the court has said adultry can not be considered as cruelty for a basis of divorce
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
1) file complaint under Dv act against your husband . seek maintenance , right to stay in matrimonial home or alternative accommodation . 

2) it is difficult to prove adultery . visit to Tripuati can be for pilgrimage too . did you share room with your lover . if you had shared room and husband has proof  of your intimate moments together he will be able to prove adultery . 

3) your children cannot be denied maintenance . responsibility of father to maintain children .

4) contact detective agency gather evidence of your husband affairs too .
Ajay Sethi
Advocate, Mumbai
23145 Answers
1215 Consultations
5.0 on 5.0
Did he complaint to  police about beatings by your husbands friends? written statement taken under pressure/threat and after beatings is of no use.Detective agency may get evidence of his affairs then you can take defence that since you objected to his affairs,he got written statement under pressure and levelled charge of adultery.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
1) if you have stayed in separate room in tripuati no case of adultery is made out . you had gone with 10 other neighbours to Triupati for pilgrimage . 
2) as far  as telephonic conversation is concerned you have merely vented out your anger against your husband .  the conversation exchanged with friend has to be gone into as to whether you have admitted having sex with that neighbour 

3) the neighbour should retract that statement . lodge complaint of criminal intimidation against your husband 

4) detective agency will gather evidence of your husband affairs
Ajay Sethi
Advocate, Mumbai
23145 Answers
1215 Consultations
5.0 on 5.0
1) travelling by same flight does not mean you slept together . you wanted to come back as you had young kids at hoome and they were missing you . 

2) well if guy wont retract his statement then you have a problem . in any case he has to depose in court what he said in staement is true . 

3) well if you cant afford detective agency forget it . detective would have to give testimony as to what h e found as result of investigations .

4) you should deny that lady having telepnonic conversation was you . let your husband prove it that it is your voice
Ajay Sethi
Advocate, Mumbai
23145 Answers
1215 Consultations
5.0 on 5.0
Written statement obtained through threat, fraud, coercision or using violent methods like assaulting etc will not stand as evidence in a court of law, but your paramour,  by this time, should have lodged a Police complaint to prove that the written statement was obtained illegally from him,
.
Shashidhar S. Sastry
Advocate, Bangalore
1233 Answers
59 Consultations
5.0 on 5.0
1) it has to be proved that it is your voice .
 2) detective agency can gather evidence of your husband  illicit relations with other ladies . he wont be able to access old call records 

3) every govt servant is afraid of being suspended if any case is filed against him and he is put in jail for more than 48 hours .
Ajay Sethi
Advocate, Mumbai
23145 Answers
1215 Consultations
5.0 on 5.0
i do hope in your reply in divorce case you have mentioned about your husband extra marital relations . you have to prove those allegations . hence need of evidence to support your case
Ajay Sethi
Advocate, Mumbai
23145 Answers
1215 Consultations
5.0 on 5.0

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