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Meena Walia   18 June 2020


can a husband file for a divorce and refuse alimony if he has the s*x chata of the wife with another man?also can he refused child maintence also


 8 Replies

Virtual Legal Assistant (.)     18 June 2020


In the Hindu Marriage Act 1955, a husband can file divorce or appeal for dissolution of marriage in the court of appropriate jurisdiction. Either spouse can file the petition on specific grounds mentioned in the Hindu Marriage Act 1995.

In certain cases a husband can avoid paying alimony, however having s*x chat is not a crime, but having extramarital affair or adultery is an offence. Indulging in s*x chat is completely different from indulging in a s*xual relationship outside marriage with another man. Sex chat is no proof of adultery. Your husband can seek divorce on the ground of cruelty as Indulging in s*x chat is an act of cruelty. Merely a chat will not amount to cruelty until it is repetitive. Also, he cannot refuse to provide child maintenance on this ground.

Hope this helps.


Hemant Agarwal ( Mumbai : 9820174108)     18 June 2020

1.  Husband can file for Divorce and legally avoid paying any Alimony or Maintenance or other amounts to Wife, PROVIDED he proves in court that Wife's immoral chats and/or adultery with other person have caused him continous grave mental & physical trauma.

2. The above is not easy since he will have to get hold of your phone and produce it in Court.  You are advised to delete all immoral chats and throw away the SIM card and stop such nefarious activities and lead a peaceful married life.

Keep Smiling .... Hemant Agarwal

Dr J C Vashista (Advocate)     18 June 2020

Obtaining s*x chat of wife with a person other than husband do not constitue any crime or a ground for divorce as provided in Hindu (or any other Personal law) Marriage Act, 1955.

The husband has to provide alimony to wife and child(ren) even on grant of decree of divorce under the provisions of either of the Personal Laws.

P. Venu (Advocate)     18 June 2020

What do you ,mean by "s*x chat with a person other than than the husband"? It appears that there are deeper issues. Please post complete facts.

SHIRISH PAWAR, 7738990900 (Advocate)     18 June 2020


Sex chat of wife with another man can be a ground for divorce and on that basis husband can aviod maintenance to wife if husband succed in the case. However in any circumstances you cannot aviod giving maintenance to your child. 

Shashi Dhara   18 June 2020

Engage advocate and file suit for divorce on that ground.who knows what may take --

Punam Mule   18 June 2020

Dear client, According to family law, the husband have a right to file for divorce on the basis of adultery if his wife found guilty on this offence and refuse to give alimony.but mere chat is not a adultery, if wife found physical relationship with another person at that time adultery is committed. And the father of child did not refuse the maintenance of his child.

Meena Walia   19 June 2020

thanks for your valuable advice.

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