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ansu (software engineer)     05 February 2014

Unfaithful husband and domestic violence

Hello Sir

I was government servant and got retired in 2009. In 2010 i faced severe physical torture and verbal abuse from my husband. After this incident I had got protection under domestic violence act and he is restrained from entering shared house.

Please note all our investments are in his name.

Now in 2014 after getting few anonymous calls, I have enquired and understood that he is having affair with another lady for long time. It is now clear that the real reason behind the violence against me in 2010 was this lady.

I am now worried about our investments, will our children get to enjoy it or not.

 

Please advise me on how to proceed?



Learning

 11 Replies

gautam (not disclosed)     05 February 2014

If he is not giving household expenses, you can file maintenance case against your husband.

If you can prove adultery, you can file divorce and claim alimony

If he does not want to live any assets for his children, court cannot force him to do so.

ansu (software engineer)     06 February 2014

Thank you for the response.

Household expenses are not an issue here. Because I am getting more pension than him. In same lines I was earning more salary than him before getting retired.

How do I prove adultery ?

A major share of my income was used to acquire assets, however i didn't insist in getting those in my name. How to go forward with this ?

stanley (Freedom)     06 February 2014

Originally posted by : gautam


If he is not giving household expenses, you can file maintenance case against your husband.

When Aunt is getting pension it means she has sufficent means so  how can she claim m aintenance :-)

If you can prove adultery, you can file divorce and claim alimony

When aunt through the court restrained uncle from getting into the shared household and made him a vagabond  but natural uncle will look for another aunty to take care of him in the form of a live in relationship. when the matter goes to court the relationship ends .

Proving adultery is not so easy .

Yeah she can file for divorce but she wont get alimoney . Now only option aunty has to look out for another uncle get married and live life and be at the mercy of her grown up children provided they can take care of her . .

If he does not want to live any assets for his children, court cannot force him to do so.

If aunt can prove to the court that the investments made by uncle were from her savings she can claim the same back 

1 Like

fighting back (exec)     06 February 2014

right said stanley.........................:)

Akhilesh Arora (Advocate)     06 February 2014

Stanley: You seem to be speaking as per your understanding, which I am afraid does not appeal to the legal ears. 

The basic fundamental of grant of alimony/maintenance is that the standard of living of the wife is put at par with that of the husband as she had been enjoying during her consortium with the husband. If the husband has entered into a s*xual affair with another woman during the lifetime of the marriage then that is a strong ground for divorce in favour of the wife and she can always claim maintenance through that. 

Receipt Pension shall not be a bar for maintenance but it would be taken into consideration only to determine the quantum of maintenance.

Kapil Gupta (Advocate)     07 February 2014

Dear ma'am, if your husband is not giving you the maintenance you need; you should go to the court u/s125 CrPC and get tht interim maintenance until the case is resolved. Don't leave the house wherein you're residing.

ansu (software engineer)     07 February 2014

Thank you all for the responses.

From above discussions 

1. I need to prove adultery of my husband. 

2. I am collecting proof that my income was used for all our investments.

3. I think getting maintenance might not work as I am getting more pension than him.

If I missed anything or wrongly mentioned anything, let me know.

stanley (Freedom)     07 February 2014

Originally posted by : Akhilesh Arora


Stanley: You seem to be speaking as per your understanding, which I am afraid does not appeal to the legal ears. 

@ Akhilesh 

The lady clearly states that she is getting more pension than him .What legal ears do you talk about ...my foot . 

The basic fundamental of grant of alimony/maintenance is that the standard of living of the wife is put at par with that of the husband as she had been enjoying during her consortium with the husband. If the husband has entered into a s*xual affair with another woman during the lifetime of the marriage then that is a strong ground for divorce in favour of the wife and she can always claim maintenance through that. 

The standard of living of the women was more than that of the Man What does CRPC 125 state below .The lady has very well stated that she is able to maintain her self . 

The lady can file a complaint under IPC 497 is it not as per law which you have not suggested to her .The Courts have held that the evidence needed is evidence of inclinationand opportunity not graphic evidence of private activity in the bedroom.Inclination could be established by statements of affection in correspondence. Evidence of opportunity could be established through evidence that the two people lived together, traveled together or stayed in a hotel room together or were alone together at a time and place and for a duration which might be called "compromising". J

The lady herself has got a protection order under the DV act restraining the husband from entering into the shared house hold . Which is as much as a ground of cruelty being proved which is more than sufficient a ground for her to obtain Divorce . Why go all the way suggesting about the s*xual affair as a ground for divorce when cruelty has already being proved :-) 

125. Order for maintenance of wives, children and parents.

(1) If any person leaving sufficient means neglects or refuses to maintain-

(a) his wife, unable to maintain herself, or

Section 497 in The Indian Penal Code, 1860

 

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 descriptttion for a term which may extend to five years, or with fine, or with both. In such case the wife shall not be punishable as an abettor.


Receipt Pension shall not be a bar for maintenance but it would be taken into consideration only to determine the quantum of maintenance.

A foolish statement to be made when the women pension is  more than the husband 

Having a degree in law and trying to prove your point would well get digested with the illiterates  . It would be like giving the women  high hopes when law it self does not support this particular  women  on the maintanence part but just instigating the women  for filing a false case of maintanence and abstracting money in terms of lawyers fees would not appeal to the people who read these posts and use it to enhance their knowledge of law ..

@ Kapil Gupta 

Read the history of the post properly before suggesting the women to file CRPC 125 for maintenance. your statement is absurd when you state to her not to leave the house . The husband has been restrained from entering the house and hence has fallen into a live in relationship which but natural any man would want someone to take care of him .:P

T. Kalaiselvan, Advocate (Advocate)     07 February 2014

I think the querist herself understood the issue and further course of action to be taken by her in this regard, so let us not quarrel with each other about this subject.

Reformist !!! (Other)     26 March 2014

I strongly agree with Stanley and urge lawyers like Akhilesh to stop misguiding the ladies coming on for sincere advice here.

Gautam Kapoor (IT professional Studying Law)     28 March 2014

I concur but with a slight bent. Ansu is well equipped . She has done her homework meticulously and is only trying to sharpen the tools necessary to go for the kill.


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