×

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.

  • Planning to Divorce? Marriage Counselling can help


    Consult Now
    • 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.

       

    • File Mutual Consent Divorce @ Rs. 25,000/- only


      Know More
    • Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Divorce Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
    • Related Articles

    Consult best Divorce lawyers in India

    Similar questions

    I am hindu & married rcently. I have proof of chatting & call recording confirming…
    My counsins wife has filed divorce transfer petition under sec25 at supreme court,we are ok…

    My sister is going for divorce as she cannot live with her false husband. He…

    My sister was married in 2003. She has two children. Her husband physically abuses her…

    Divorce Lawyers in India

    Advocate Arjun Vinod Bobde

      Supreme Court of India
     Experience: 16 years


    Advocate Mohammed Abdul Quadeer

      Shree Ram Nagar
     Experience: 11 years


    Advocate Prashant Mendiratta

      Lajpat Nagar 4
     Experience: 24 years


    Advocate Nagesh B L

      Nagarathpete
     Experience: 23 years


    View all >>

    Quick Consult

    Get 15 Minutes of Expert Legal Advice on Phone right now

    Ask a Free Question

    Post a Question online and get free advice from multiple lawyers by email

    Find a Lawyer

    Easily find and book private consults with top lawyers in India

    Get Fee Estimate

    Receive multiple quotations for your legal requirement instantly