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
 
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Learning to share

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


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ha21@rediffmail.com Mumbai : 9820174108

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

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

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


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But problem is His wife B is pregnant for 5 months to A's Child.Then what for child ?
 
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ha21@rediffmail.com Mumbai : 9820174108

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


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Learning to share

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:


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Founder

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


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Learning to share

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

 

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