For several years, I suspected that my husband was involved with a former colleague, Richa Saxena. Whenever I confronted him, he dismissed my concerns as overthinking and often reacted with anger. In June/July 2020, I found a cheque written in Richa's name in my husband's handwriting, with her phone number written on the back. When questioned, he refused to explain. I called the number and confirmed it belonged to Richa. Around the same time, during the first COVID wave, he left home for a week without informing me of his whereabouts. Upon his return, he refused to discuss the matter and became aggressive whenever questioned. A couple of months later, he claimed he was going out to meet colleagues. By then, I had obtained Richa's address and decided to follow him. I found him alone with her at her residence. I brought him home and informed his family. He claimed he had only gone there because I had previously contacted her and she felt threatened. His family accepted his explanation, asked him to apologise, and advised me to continue the marriage for the sake of our daughter, who was then 10 years old. Although he and his family assured me that all contact with Richa would cease, I later discovered her resume in his email inbox approximately two years later. When questioned, he casually responded, "It's only a resume, not a love letter," and refused to explain further. About six months later, after returning from an outstation trip, I found a Kindle registered in Richa's name in his bag. He claimed he had met her only to end all ties and she had returned the device to him. This contradicted his earlier assurances that the relationship had ended years before. Despite repeated incidents, I remained in the marriage primarily for my daughter's education, supporting the family throughout her Class 10 and Class 12 board examinations and university admissions. During this period, I continued fulfilling my responsibilities towards my husband and his family, including caring for his mother during her battle with cancer. Most recently, after my husband attended an eye check-up, I found that the doctor's prescription listed his name as the patient but carried Richa's phone number as the contact number. When confronted, he claimed it was an old reference. I no longer wish to continue living with my husband due to years of dishonesty, suspected infidelity, emotional distress, and lack of support. We jointly own a house in Dwarka, Delhi, purchased in 2018 for ₹1.25 crore and currently worth approximately ₹2.75 crore. Although the home loan is in both our names, I have solely paid the entire down payment and all EMIs. I was employed until May 2025, when I was laid off. Our daughter is now 18 years old and studying law at a reputed university in Sonipat. My priority is to secure my financial future before making any decisions regarding the marriage.
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You can file declaratory suit that you are absolute owner of house as full consideration was paid by you
2) enclose your bank statements to prove all payments made by you
3) file for divorce on grounds of mental cruelty
4) it is difficult to prove adultery
5) if you file for divorce on grounds of adultery you have to make lady co respondent in divorce case and prove allegations made by you
Good Evening Ma'am.
It's unfortunate that you are in such a situation.
Regarding the flat that you both jointly own, the Court has powers to make relevant orders under the Hindu Marriage Act, at the time of final judgement in divorce case to address the division of jointly owned assets.
Right now I presume that both of you are co-owners of the property. Hence, it cannot he sold by you alone. Consent and signatures of your husband will also be required.
However, there are other ways to secure your financial future, which is seeking maintenance and final alimony in the divorce proceedings. However, the quantum of both, depends on your earning, husband's earning, assets etc.
You do have a strong case for divorce under cruelty. But I would urge you to gather more evidence to prove even adultery. This would make your case watertight and extremely strong.
You could consider pre suit Mediation before filing of divorce.
Regards
If you have any further questions you may get in touch.
Given that you are currently transitioning from a layoff and your daughter is in university, protecting your financial interests is the most practical first step before making any formal decisions about your marriage.
The house in Dwarka is a major asset (valued at ₹2.75 crore). Even though the property is jointly registered, your financial contribution gives you a strong legal advantage.
Under Indian law (specifically the principles of the Transfer of Property Act and equity), if a property is jointly registered but one party has paid the entire down payment and all the EMIs, that party can claim a higher or sole beneficial ownership.
Immediately secure and make copies of all bank statements, loan sanction letters, and transaction receipts showing that the down payment and every single EMI came exclusively from your bank account.
Even though you were working until May 2025, your recent layoff means you have a strong legal right to claim financial support from your husband.
Under Section 125 of the CrPC (or the corresponding provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023) and the Hindu Marriage Act, you can file for interim maintenance. The court looks at the standard of living you enjoyed during the marriage and your husband's disposable income to decide the amount. The fact that you are currently unemployed works in your favor to secure immediate monthly financial support.
Your daughter is 18 and legally an adult, but under Indian family law, a father's obligation to support his child does not abruptly end at 18, particularly for an unmarried daughter's education and maintenance.
Since she is pursuing a law degree at a reputed university in Sonipat, the cost of her education, hostel, and maintenance is substantial. You can legally demand that your husband bear or contribute significantly to her educational and living expenses, ensuring that your savings are not entirely depleted.
Anything given to you before, during, or after your marriage—including gold jewelry, cash, investments, or gifts from your parents, relatives, or even your husband—is legally your Stridhan.
Keep a safe, digital backup of all the evidence you accumulated: the prescription with Richa’s phone number, any bank details regarding the 2020 cheque, call logs, and a timeline of the events (the Kindle incident, the email resume, his sudden disappearance during COVID-19). Do not confront him further about these; simply archive them securely where he cannot access them.
Your focus on securing your finances first is incredibly wise. By establishing your exclusive financial right over the house and preparing to claim maintenance, you can approach your next steps from a position of stability and strength.
If he is ready for mutual consent divorce the sane will be easy for all including future of your children
If you can provide the sale deed particulars (whose names appear as purchasers and whether shares are specified), I can give a much precise assessment of your entitlement in the Dwarka property.
Based on the facts narrated by you, there appear to be two distinct aspects requiring consideration: first, whether the conduct of your husband may constitute a legally sustainable ground for divorce; and second, how your financial interests, particularly in the Dwarka property, can be protected before you take any final decision regarding the marriage.
As regards the matrimonial aspect, Indian courts recognize that direct proof of adultery is often difficult to obtain and therefore permit parties to rely upon circumstantial evidence. Repeated secret meetings, unexplained association with a particular person, concealment of communications, contradictory explanations, and conduct causing mental anguish may collectively be relevant circumstances. However, suspicion alone, however strong, is generally not sufficient to conclusively establish adultery. On the facts stated by you, the more immediately sustainable ground may be mental cruelty arising from years of alleged dishonesty, evasive conduct, unexplained interactions, refusal to provide reasonable explanations, repeated breach of assurances, and the emotional distress caused thereby. The incidents involving the cheque, visit to the colleague's residence, the resume found in emails, the Kindle allegedly belonging to the same individual, and the use of her phone number in a medical record may all be circumstances capable of being placed before a Family Court as part of a larger pattern of conduct.
From a financial perspective, the Dwarka property appears to be the most significant asset. You have stated that the property is jointly owned, the home loan is in both names, but the entire down payment and all EMIs have been paid by you. In such a situation, the title documents, loan records, bank statements, and proof of payments become extremely important. While ownership recorded in the title documents carries considerable weight, courts may also examine the source of funds when disputes arise between spouses regarding beneficial interests. Therefore, before taking any legal step, you should collect and preserve all records relating to the purchase of the property, including the sale deed, loan documents, sanction letters, bank statements reflecting the down payment, EMI payments, and any communications relating to the purchase.
Since your daughter is now 18 years old, custody is no longer likely to be a contentious issue, although educational expenses and support may still arise depending upon the circumstances. Your immediate concern appears to be financial security following your recent loss of employment. In these circumstances, it may be prudent to first obtain a complete understanding of all matrimonial assets, liabilities, investments, insurance policies, retirement benefits, and income sources before deciding whether to pursue divorce, judicial separation, or a negotiated settlement.
If you are contemplating separation, I would strongly recommend that you do not make any hasty decisions regarding the jointly owned property until a comprehensive legal and financial strategy is prepared. Depending upon the evidence available, you may have claims relating to your contribution towards acquisition of the property and may also be entitled to seek appropriate financial reliefs. Conversely, if an amicable settlement is possible, a carefully structured settlement agreement addressing property rights, financial arrangements, and future claims may avoid prolonged litigation.
In summary, the facts narrated by you may potentially support a case based on mental cruelty and, depending upon the available evidence, allegations relating to an extramarital relationship. However, before initiating proceedings, your priority should be to secure and organize all financial records relating to the Dwarka property and other assets, assess your post-employment financial position, and obtain a detailed legal evaluation of your property and matrimonial rights. This will place you in a significantly stronger position to make an informed decision regarding the future of the marriage.
Dear Client,
You could file for divorce on grounds of mental cruelty and potentially adultery. Your evidences of the cheque in Richa's name, seeing him alone at her place, the Kindle registered to her, the resume in his email, and that doctor's prescription with her number as his contact shows a pattern that is not normal. Even if proving adultery in criminal court is tough, this documented behavior is very relevant for establishing mental cruelty in a civil divorce under the Hindu Marriage Act, 1955. In case of the Dwarka property, even if it is jointly owned but you've paid the entire down payment and every single EMI is a huge point in your favor. You might also qualify for maintenance yourself and you should seek a temporary protection order to stop your husband from selling or transferring the property without your consent. Also, file for divorce, request an injunction to freeze the property, and push for a financial settlement or maintenance through your family law lawyer.
I hope this helps and if you have any further issues do not hesitate to contact us.
As you are no able to live with him now, it will be better to go for amicably settlement and take mutual consent divorce from him. if Mutual consent divorce is not possible then you may file a contested divorce based on cruelty under section 13 (1)(ia) of Hindu Marriage Act-1955 before the family court along with an application for interim maintenance under section 24 of Hindu Marriage Act-1955 and claim maintenance and right over the whole house as all the installments had been paid by you towards the Home Loan.
- As per law, extra marital affairs is a ground for divorce and amounts to cruelty
- Since, you have many evidences against his affairs, then you can file a contested divorce petition before the family Court on the ground of cruelty and his extra marital affairs.
- Further, as the said property is joints names then you have equal share in the said property.
- However, if you paid the entire amount of the loan , then you can be declared the single owner of that property after filing a Declaration suit before the Court .
- Further , if presently you are not earning and even working then also you have right to claim maintenance from him for yourself and the daughter legally after filing a maintenance petition
- Further, if he settle the dispute and agree for mutual divorce then you can claim alimony from him as well.
You can contact me, if further suggestion needed.
Dear Sir/Madam,
You may file for divorce on the ground of mental cruelty and, if supported by evidence, adultery also.
As the Dwarka house is jointly owned and you have paid the down payment/EMIs, preserve all bank records, loan statements and property papers.
Do not leave possession or sign any settlement/sale papers without legal advice.
You may seek injunction/partition and appropriate maintenance/permanent alimony, depending on your financial position and proof.
Consult a family lawyer with all documents before taking any final step.
Advocate Saurabh Agrawal
