Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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amrita (developer)     26 April 2012

How does extra marital relation affect divorce?

 

Its been 7 yrs since we got married. we had problems from engagement itself.  There is no mutual understanding or respect in between us.He used to doubt me for everything.. i had to suffer mental and physical torture from him. we have a daughter of  5 yrs old. 3 yrs back, i came to know that he is having an affair with another female. after lots of fights and arguments and linking my name with a firend of mine he sent me and our daughter  back to my parents home. That was real hard time for me. Gradually i started loving my friend with whome my husband  used to link my name and fight. we started living together and we have a baby now. For delivery i came to my parents house and they dont let me go back to live with my firend who wants to marry me and live with me and kids.


I have frankly told my husband tht i am living with my firend and we have a baby now. I asked him for divorce. But he doesnt agree and threatens me that he will file case against me.

Would anybody tell me what  are  the possible cases he can file against me.. and can i file a divorce case ?

will i get the 34 pavan gold i sold  for buying the house which he live now?  Also what about the   custody of my kids?

Please Advice..



Learning

 15 Replies

supabcdefgh (teacher)     26 April 2012

I think there can be no case against woman. You are so lucky. Sincerely, file for divorce and you will get it. If you were a man in similar situation , you could be dead with 498a charged against you etc. You have no demands, makes it easy.

Adv. Chandrasekhar (Advocate)     26 April 2012

without getting divorce decree, you cannot marry your friend.

your husband can file divorce case against you seeking divorce on the ground of adultery.  He can also file criminal case against your friend for adultery, which will have serious consequences if you admit the relationship.

You can recover the value of the gold, as it is stridhan.

you can also file divorce case on the ground of cruelty.

About children's  custody borne out of wedlock, the welfare of the children will be kept as paramount consideration.  If the husband has not married or has no extra-marital relationship, then he has got better chances to keep the custody. 


(Guest)

Do you realize that by cohabiting with your live-in partner you have made him liable to prosecution for the offence of adultery? If convicted, your live in partner would be liable to imprisonment for a term which may extend to 5 years. The right time to file for divorce was when you discovered that your husband was cheating you. Filing for divorce now would mean an open invitation to your husband to register a case against your partner for adultery, which as I said earlier carries an imprisonment of up to 5 years. Don't do that. In fact, your partner should be grateful to your husband that he is not behind bars yet for the offence he has committed. It is your husband who is now entitled to get his marriage with you dissolved. By committing adultery, although you are not punishable for the same unlike your live-in partner, yet you have disentitled yourself from getting the custody of your kids.

 

Regards,

Ashish Davessar

Advocate

Delhi, Chandigarh

supabcdefgh (teacher)     26 April 2012

Yes, your partner is in trouble. Get divorce fast.

adv. rajeev ( rajoo ) (practicing advocate)     26 April 2012

You file a divorce petition on the ground of cruelty.  He cannot file any case against you.

N.K.Assumi (Advocate)     26 April 2012

Life is a mystery and specailly so in marriage. Look what kind of case we have? Though, yes, agree with the above responds.

amrita (developer)     26 April 2012

Ashish Davessar I am Online

" Filing for divorce now would mean an open invitation to your husband to register a case against your partner for adultery, which as I said earlier carries an imprisonment of up to 5 years. Don't do that."..

 

So what am i supposed to do now for getting divorce and to get the custody of my kids..also not to make my partner get punished?

Anish Thakur 7018812737 (advocate)     26 April 2012

dear ,

your husband can file a case of adultry against your friend with whom you are living and he had also a remedy of divorce on the ground of showing you characterless.

anish thakur

shimla hc

9459321520

naren (Consulltant)     26 April 2012

Neither I am an expert nor I have any suggestion like various respected experts but only thing I want to say is that you are unnecessarily blaming your husband. The whole story sounds fishy to me. He doubted you having an affair with one of your friend with whom you eventually have an affair and a baby which makes me believe that you actually had an affair and your husband was right. He is not willing to give you divorce also indicates that he was not having an affaire else he also would have liked to give you divorce to marry his lover. You have a kid with your lover but I guess he doesn't have with his.

Simply tell the fact that you had adulterous relationship and spoiled the life of your husband.

1 Like

(Guest)

If you want your partner to be safe, then do not even toy with the idea of filing for unilateral divorce. It might backfire as your husband might decide to file a case of adultery against your partner u/s 497 IPC. A divorce case against your husband wouldn't have any penal consequences for him, but a criminal prosecution of your live-in partner would result in him going to jail, possibly even for 5 years. Discontinue the live-in immediately as your partner is sitting ducks to 497 IPC.

The best way forward I can see for you is to arrive at an understanding with your husband and then apply for mutual divorce if you want to be with your live-in partner.

As regards the custody of children, a respected colleague of mine has already stated above that welfare of the child is the touchstone for deciding as to who will get the custody. Since you committed adultery and damaged the basic foundation of marriage, you have disentitled yourself from getting the custody of your children.

 

Regards,

Ashish Davessar

Advocate

Delhi, Chandigarh

Ranee....... (NA)     26 April 2012

what happend to your husband's affair?Do you have any proof?

amrita (developer)     26 April 2012

I had few emails from her. Even She spoke to me that time requesting me to divorce him. 


(Guest)

Yes husband can't file case against you but he can file against your friend.

Why you made relation without getting divorce.

Mr. Chandu is correct.


(Guest)

naren is right. you are another foot path girl.


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