Domestic violence, cheating, extramarital, prostitution

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Dear Querist,

You can file for a divorce under the above-mentioned offenses done by your husband.

Ø  Domestic violence comes under Section 498A of the Indian Penal Code.

Ø  Adultery and extra-marital affairs come under section 497 of the Indian Penal Code.

Ø  Adultery is defined under Section 13(1) of the Hindu Marriage Act and is a ground for divorce.

Ø  You can file a suit for Cruelty under Section 13 (i) (a) of the Hindu Marriage Act stating that you have been subjected to mental injury and mental torture.

While claiming maintenance under Section 125 (l) (d) of the Code of Criminal Procedure you can obtain his income tax returns from the IT dept. and also get his bank account statement. Through this method, you can show the court that your partner is earning more than what he has declared to the court. Thereby he will be entitled to provide maintenance and child support if you get the custody of the child.

Thank You.