Wife case against husband and she is living with her bf

Kishan Rami (Querist) 04 May 2021 This query is : Resolved
Hi,

One of my friend is in big trouble. He got married few years ago. He has a child. His wife is leave him and live with her BF in living relationship. Her wife sued on husband that, he had drunker and fight with her. and demanding maintenance of herself and her child though she is living with her BF. Is any way to get out from this and her husband demand divorce from her ?

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A husband's wife has left him and is living with her boyfriend, while also suing him for maintenance for herself and their child. The advice suggests the husband may be able to file for divorce on the grounds of adultery, but requires proof. He can also contest the maintenance claim by arguing his wife voluntarily abandoned the matrimonial home for an adulterous life, though he will likely still need to pay child maintenance. Consulting a local solicitor is strongly recommended for tailored advice and to navigate the legal proceedings.

kavksatyanarayana (Expert) 04 May 2021
He can file an adultery case against his wife. But he shall have proof for this. Consult a local advocate to file a case in the court. If he gets a divorce on the ground of adultery and his wife is living with another person, then he shall pay maintenance to his son.

Dr J C Vashista (Expert) 05 May 2021
Your friend has to contest the case and prove that she has deserted voluntarily to live with her boy-friend.
It is better to consult and engage a local prudent lawyer for appreciation of facts/ documents, professional advise and necessary proceeding.

Sankaranarayanan (Expert) 05 May 2021
Consult local lawyer and act accordingly

Pradipta Nath (Expert) 05 May 2021
Please ask your friend for a conference with an Advocate.

Message likes : 1 times

J K Agrawal (Expert) 05 May 2021
A friend in need is a friend in deed. Living with a friend does not constitute 'Adultery' unless they have sexual intercourse. Even having intercourse only is not sufficient to constitute offence of adultery. The easiest way is to settle the matter amicably.
Law neither enforce wife to live with husband nor provide divorce just by asking. Divorce decree is not readily available in court rooms. It is granted when almost half of the age finishes in Court Dates.

Advocate Bhartesh goyal (Expert) 05 May 2021
Well advised by expert J..K.Agraeal.

T. Kalaiselvan, Advocate (Expert) 05 May 2021
If he has substantial evidences for acts of adultery then he can very well file a contested divorce case on the grounds of adultery.
In the maintenance case, he can repudiate her claim stating that she voluntarily abandoned the matrimonial home for the reasons known to her and she lives an adulterous life hence she is not eligible for maintenance.
You may ask your friend to discuss at length with a local advocate and ask him to proceed as suggested.

Sudhir Kumar, Advocate (Expert) 07 May 2021
In either case he has to pay maintenance of child.

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