manu (advocate) 04 February 2010

husbands illicit relationship

sirs,

can a wife file a petition under domestic violence act alleging the illicit relationship of her husband with another woman?

whether the act of the husband that is having illicit relationship with other woman amounts to domestic violence?

is it required to be proved beyond all reasonable doubt?

i have got the photo of concubine and i dont have any other proof.

pls guide how to go about?

Arvind Singh Chauhan (advocate) 04 February 2010

Yes it amounts to domestic violence as being mental cruelty, but it is very hard some task to prove iilicit relationship. Try your best.

Collect evidences like-

whether he lives with concubine leaving the real wife?

whether he cares of her wife or chidren or not?

whether he torture her by words or other means? etc

Suchitra. S (Advocate) 04 February 2010

I agree with Arvind Sir.

i donot agree with ms. sucharita & mr arvind.

leaving a matrimonial relationship is desertation not cruelty.

Arvind Singh Chauhan (advocate) 04 February 2010

I am sorry Sir! but may I know the effect of desertion on the mind of spouse?

Certainly the effect is not pleasant, but everything cannot be a cruelty. Then a divorce petition is also a cruelty to the respondent.

Why a person cannot attract his/her spouse? How the respondent go out from the attraction of a petitioner?