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Thakur Amit Singh   31 May 2019

No.(1)Husband-Wife-Boyfriend matter

A is a husband of wife B. C is a boyfriend of B. After marriage of A and B. B again went to her bf for doing s*x.
One day.,A knows all about his wife's relations and also he has photographs (s*x) of her with bf C. A has all the proofs of her wife's B s*xual relations with C.
Now the problem is B is 5 months pregnant with the child of A. And A wants divorce with B.
How A can be saved and get divorced ?pls suggest


Learning

 10 Replies

KNK A Learner (Learning to share)     31 May 2019

B Carrying A's Child ?

Adultry is a ground for obtaining divorce under section 13(1)(i) of HMA, provided the burden is on A to prove the relation of B and C .

13. Divorce- (1) Any marriage solemnized, whether before or after the commencement of the Act, may, on a petition presented by either the husband or
the wife, be dissolved by a decree of divorce on the ground that the other party-
(i) has, after the solemnization of the marriage had voluntary s*xual intercourse with any person other than his or her spouse; or

2 Like

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     31 May 2019

1.  YES.  Fully agree with above advise /reply.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

SHIRISH PAWAR, 7738990900 (Advocate)     31 May 2019

A is entitle for divorce from B as she has committed adultry.

1 Like

Thakur Amit Singh   31 May 2019

But problem is His wife B is pregnant for 5 months to A's Child.Then what for child ?

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     03 June 2019

Originally posted by : Thakur Amit Singh
But problem is His wife B is pregnant for 5 months to A's Child.Then what for child ?

 

1.  The State Govt., has provision to take care of such child, PROVIDED no further relations come to claim or manage the child.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

1 Like

KNK A Learner (Learning to share)     05 June 2019

A is bound to maintain child of B, 

B is the Natural guardian till the child attains 5 years  (HINDU MINONORITY AND GUARDIANSHIP ACT, 1956)

Section 6: Natural guardians of a Hindu minor
The natural guardian of a Hindu minor, in respect of the minor’s person as well as in respect of the minor’s property (excluding his or her undivided interest in joint family property), are-
(a) in the case of a boy or unmarried girl- the father, and after him, the mother, provided that the custody of a minor who has not completed the age of five years shall ordinarily be with the mother;
(b) in the case of illegitimate boy or an illegitimate unmarried girl- the mother, and after her, the father;
(c) in the case of married girl -the husband:

1 Like

Ghayaz (Founder)     05 June 2019

SIR,

THE PREVIOUS REPLY GONE ABOUT 3 STEPS IN ADVANCE.

 IT IS ADVISABLE TO PROCEDE IN A STEP BY STEP MANNER- : 

1. WAIT UNTILL BABY COME OUT IN FULL SHAPE

2. THROUGH DNA TEST ESTABLISH AND CONFIRMED THE FATHER WOOD

3.UPON CONFORMATION ABOUT THE PARAENT -COUPLE,THEN THE GUARDIAN SHIP COULD BE TAKEN BEFORE COURT DIRECTION

SIRIUS GROUP - NGR

7667889007/9551166002

1 Like

KNK A Learner (Learning to share)     05 June 2019

And the query is about Child and hence the question of birth of child will not araise

It's an admitted fact that B is carrying A's Child, in that scenario DNA test is completely out of scope.

So the step by step process will not relevant to the post

 

Thakur Amit Singh   05 June 2019

What if B demands her charges after divorce ?is it half of the salary of A ? Consider it that B has committed adultery.

KNK A Learner (Learning to share)     05 June 2019

That depends on getting divorce on the ground of Adultery

1 Like

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