• Separation

My husband for last few months cheating me. I collected evidence against him, he is having relationship with other women & separated complain against him in women police station where he given written assurance he will repeat the same. His behaviour changes within fee days again. I decided to move with our daughter from his house & start living with my mother about 15 days ago , during this period he never enquire about us. Last week he infact spent night with a woman I collectedproof for the same. What step now I will against him?
Asked 4 years ago in Family Law from Guwahati, Assam
Religion: Hindu
1. The choice is yours as far marriage is concerned.
2. if in the present circumstances you do not continue with the marriage you can file a suit for divorce. His undertaking before the police and other evidences you may have will go a long way to prove his cruelty paving way for your divorce.
3.Apart from divorce you can file case u/s 498A, 506, 406 IPC for his criminal activities.
4. You can file case PWDV Act where under you can claim maintenance for yourself and the child as well.
5. Do not keep silence and do raise your voice by way of these acts as state above.
Devajyoti Barman
Advocate, Kolkata
13119 Answers
174 Consultations

5.0 on 5.0

1. You have to decide whether you want to continue your marriage or not. If you wish to continue it then you may file a complaint under domestic violence act and claim the right to entry and residence in your matrimonial house and also protection from any kind of domestic violence at the hands of your husband.

2. If you do not wish to continue your marriage then you may file for divorce on the ground of adultery. The evidence that you have collected against him can be used in the court. Moreover his own undertaking in front of police that henceforth he shall abstain from having an extra marital affair will also nail him in the court. 

3. You can also sue him for maintenance for yourself and your daughter. It is his inescapable legal obligation to financially support his wife and children. This obligation cannot be shrugged in any manner. 

4.In addition to above, you can also prosecute your husband for adultery if you have all the supporting proof.
Ashish Davessar
Advocate, Jaipur
23092 Answers
639 Consultations

5.0 on 5.0

There are two options open to you now.  First option is to continue your marital life inspite of your husband's illicit relationship with many women and continued cheating on you. In that case you can claim for your stay in matrimonial home or in an alternative accommodation including insulation from any sort of  domestic violence from your husband. The second option, since you have collected evidence and his undertaking before the Police that henceforth he shall not indulge in extra marital affair, would be to go in for divorce on the grounds of adultery and to seek maintenance for you & your daughter U/s.125 cr pc.
Shashidhar S. Sastry
Advocate, Bangalore
1648 Answers
109 Consultations

5.0 on 5.0

1) best solution would be to file for divorce on grounds of mental cruelty and adultery . 

2) you can file divorce petition and seek maintenance for your self and child . 

3) in the event you dont want divorce file Dv case and seek right to stay in matrimonial home or alternative accommodation , maintenance and other reliefs

4) you can also file criminal complaint of adultery against him
Ajay Sethi
Advocate, Mumbai
46645 Answers
2759 Consultations

5.0 on 5.0

i fully agree with mr sethy
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations

4.6 on 5.0

1. You shall have to decide as to whether you want to continue this relationship or terminate it. If you decide to terminate it, you should also think about its consequence on you and your daughter,

2. However, if you want to terminate the relationship, you can decide to teach him a good lesson by filing a police complaint u/s498A of IPC alleging cruelty on you for dowry,

3. With or without the above police complaint, you can file a DV case asking for maintenance for you and your child & right of residence,

4. Meantime, he will be fade up & approach you for mutual consent divorce which you may accept against receipt of compensation.
Krishna Kishore Ganguly
Advocate, Kolkata
18741 Answers
452 Consultations

5.0 on 5.0

you need to decide whether you want to continue the marriage for your daughters' sake or end it. If as a father he fulfills his duty and also maintains you responsibly you may chose to continue. If he falters in taking care as a father and husband you may chose to proceed under the domestic violence act claiming maintenance and separate residence  or equivalent rent/allowance. divorce should be the last resort in case the condition cannot be improved.
Tulika Prakash
Advocate, Gurgaon
113 Answers
77 Consultations

4.6 on 5.0

Dear Client you may file a case as per section 498A,506 and 406 of  I.P.C.alongwith Domestic Violence Act and thereafter go for mailntenence and divore petiton in front of court .
Anurag Bhatt
Advocate, Allahabad
83 Answers
1 Consultation

4.6 on 5.0

As you have mentioned that you have evidence of him staying  with the woman , go ahead with a divorce petition on grounds of adultery and cruelty, ask for maintenance for yourself and the child, along with an Amount of one time alimony which you deserve.  A police complaint on his adulterous actions will not stand unless the lady is a married woman.But this will be a ground for divorce in family law and there is no doubt you can get divorce and custody of your daughter and other monetary reliefs of alimony and maintenance . Regarding the maintenance for you and the child, ask  for interim maintenance, and you can also make a demand of a house where you can live with your daughter. 
Consult an advocate and proceed further as early as possible with all evidence and witnesses.
Thresiamma G. Mathew
Advocate, Mumbai
1515 Answers
139 Consultations

5.0 on 5.0

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