quesCan husband knowing about my past use it in divorce proceedings?

My husband knows about my past affair. How it is going to harm me as he want a divorce? I dont want to go for divorce.

  • ans 

    Expert Legal Advice:


    When you say your husband knows about your past affair, we need to understand whether this affair was before your marriage or after your marriage? Does your husband have any proof of your affair?


    In case you had an affair before your marriage, and your husband has come to know about it, he cannot use it against you to file a divorce petition as Infidelity (cheating / adultery / having an affair) as a ground for Divorce can be an acceptable ground only if it is committed while being married to your spouse and not prior to it. Any relation / affair that you had before your marriage does not account for Infidelity and cannot be held against you.


    I understand that your husband needs a Divorce but you don't need it.


    Let your husband file the Divorce petition in the court and you stay calm. My advise is that you should not start any legal proceedings till your husband starts any legal action against you.


    If and when such a situation and time comes, you can very well deny in the Court that you don't need a Divorce.


    In the meantime if your husband leaves you and goes away from you then you can very well file a petition under section 9 Hindu Marriage Act which is also called RCR i.e. Restoration of Conjugal Rights, which says that you want your married life back and the Court will recall your husband. He will have to answer in the court as to why is he is moving away from you or staying away. The court will try every possible efforts like mediation to recall your husband back in your life.


    Rest if your husband files any other suit then immediately contact us and we will file the reply stating that you don't need a Divorce or any judicial separation.


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