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dimpal (none)     15 July 2013

Accepting a cheating husband

 

I am married for 12 years and have two kids 9 years and 7 years old. My husband cheated on me .He had an Extra marital affair  with a married woman and and also has child with that lady.(Her husband has no idea about their affair and thinks baby is his)

My husband has accepted everything in front of all the family members and says now he wants to stay with me.

Now my question to the experts is:

1)    1)   (this is if I want to continue the marriage)

Is there any clause in the law by which I can make sure that he does not keep any relation with her. And if he is caught again then the consequences will be so and so.

Or is there any legal way by which I can make him sign any kind of no contact contract certificate with her or something like that ?

2)   2)   If I file for divorce will I get the custody of the kids?(I am wll qualified.I am working.i am a freelancer.I ve not registered my firm hence can not show my income. I earn very less as compared to him.)

 



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 4 Replies

not as of now (not as of now)     15 July 2013

Hi,

Marraige is a not a business to run on agreement or Contract Certificate, it runs on trust and truth.

Please speak with your husband, realize both mistake.

Try to relocate your home to some other city, show your love, affection, caring, Just relay on your true love and god, i am sure one day he will realize his mistake.

The mistakes always be on both sides, if he is going to her means, he is not getting something that he want from you.

Try to understand first what he need and provide him the same.

 


(Guest)

No agreement nothing.

For eg: Today your husband who has diabetes makes one agreement with you that he wont eat sweets from today and unfortunately he has sweet tooth.  Does it not look kind of funny that you make one agreement for it?


Think about it.


Rest points of your case I have already replied previously,  provided if you have not forgotten them.

Adv k . mahesh (advocate)     15 July 2013

as in any legal system there is no such law or say agreement which you can stipulate your husband from going to that lady but one thing you can avoid him is try to analyze why he actually went to her means what promted him to do so 

r u not cooperating with him or any thing think and rectify and talk to elders of your family make a written statement from him that if hie goes to her again you would be initiating divorce and leave him 

but what about the kid already he had with illegal connection in future if her husband know the fact then your have to face the consequences 

Adv. Chandrasekhar (Advocate)     16 July 2013

 
To err is human; to forgive is divine.  Accept your husband's apology.  There is no need for any contract as you have got better and more lethal weaponery in your hand, if he transgresses his decency and develops extramarital relationship.  Give him a strict warning, if he repeats this folly again, that you will contact that other lady's husband and get a criminal case filed against your husband and send him for five, five long....................................long years of imprisonment, so that he can satisfy his physical cravings with his fellow inmates in jail.  For your information, I quote Section 497, which is really lethal, if exercised effectively.
497. Adultery

Whoever has s*xual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such s*xual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either descripttion for a term which may extend to five years, or with fine, or with both. In such case the wife shall be punishable as an abettor.

 

Now, I answer your question:

 

 

Is there any clause in the law by which I can make sure that he does not keep any relation with her. And if he is caught again then the consequences will be so and so.-Yes, a warning about filing the above criminal case is quite deterrent.

Or is there any legal way by which I can make him sign any kind of no contact contract certificate with her or something like that ?

If he signs such contract, it shows his admission of the offence of adultery as explained above and so voluntarily he will not sign such contract and there is no legal way to force a person to sign an undertaking about his offence.

< !--[if !supportLists]--> 2) 2) <!--[endif]-->If I file for divorce will I get the custody of the kids?(I am wll qualified.I am working.i am a freelancer.I ve not registered my firm hence can not show my income. I earn very less as compared to him.)  If you file divorce petition, on the ground of adultery, you can get divorce, which will take not less than 3 years.  If you mutually consent  for divorce, it will take six months.  If children are at understanding age, the court will ask their choice of living with whom and pass the order accordingly.  If the children are much attached to you, then you have got the possibility of getting custody.  After all, for deciding the question of custody, children's interest will be the paramount consideration.  The other party-non-cusodial parent will get visitation rights.  Your chidren will definitely get maintenance and depending upon your financial status, you will also get maintenance.

T


 

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