Divorce - fir

Querist : Anonymous (Querist) 13 October 2020 This query is : Resolved
Respected sir
I had applied for divorce on the grounds of his extra marital affair and he has harrasing girls with their pvt pics. After the receipt of divorce notice, he came to my mom house hit me and harrased me for taking back the divorce case,or sell the property and give money which is in my name, for which i have filed FIR 498a and 406. Further to the complaint he is not appeared to police station for enquiry its been almost more than a 1 month. Now how will it proceed as I am outside my house with my two kids since 6 months.

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This discussion addresses a woman's divorce case initiated due to her husband's extramarital affair and harassment, including threats involving private pictures. She has filed FIRs for harassment and criminal breach of trust after he physically assaulted her and demanded she drop the case or transfer property. The husband has not appeared for police inquiries. The advice suggests pursuing the ongoing legal actions, potentially filing under the Domestic Violence Act for residence and maintenance, and seeking legal aid if necessary. It clarifies that while extramarital affairs can be grounds for divorce, the specific circumstances and property ownership are key factors in the ongoing legal proceedings.

Dr J C Vashista (Expert) 14 October 2020
Ms. Anonymous,
You have already put the law in motion by lodging complaint for harassment for dowry and criminal breech of trust, which your husband will have to face consequence/ contest / defend.

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Dr J C Vashista (Expert) 14 October 2020
You can move an application under section 12 of the Protection of Women from Domestic Violence Act, 2007 against harassment , to provide shared household and maintenance.
Seek service of a local prudent lawyer for better appreciation of facts/ documents, professional guidance and necessary proceeding.
However, if you can not afford or may opt for free legal aid, approach District / State Legal Service Authority.

Dr J C Vashista (Expert) 14 October 2020
You may please note having extra marital affair by husband is not a ground for divorce in any personal (Hindu/ Muslim/ Other) law.

Querist : Anonymous (Querist) 14 October 2020
sir thanks a lot for your valuable advice, yes sir I came to know that having an affair is not an ground for divorce but he has been harassing the girl with her naked pics to marry him and on the other hand doesn't want to divorce me also because the property is in my name and it was purchased by me and whole of this process is known to every one in in his family still they support him, I have 2 small kids and bcz of his behaviour Im staying in my parents house since 6 months . and he has not replied to divorce notice also and nor came to station for even after notice is sent by relevant police station.

P. Venu (Expert) 14 October 2020
Already law has been set in motion. If so advised you may proceed under DV Act as well seeking residence as well maintenance and also restarining him from harassing you. To my knowledge, extra-marital and amoral activities are recognized grounds for seeking divorce.

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Rajendra K Goyal (Expert) 14 October 2020
Agree with expert Dr. J.C. Vashishta ji, also file case for maintenance in addition.

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