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Can my husband file adultery case after Mutual consent divorce
17-Mar-2023 (In Divorce Law)
I was involved in a an affair with my partner. I am married, and what ever got into us, we had a emotional and sexual affair. I was not ready to leave my husband and as we have a daughter. I am 42 and my partner 29. we had made photographs and videos of our sexual activity at various places. these were in laptop of mine and my partner. Now by some reason these have gone into the hands of my husband. to stop him from using those as evidence to get a divorce, I have filed a dowry harassment under 498A and kidnap of child against my husband, its not the case. my husband is ready for MCD, and wants to keep the child., at the police station when I had filed the case, my husband was called and the child was also produced. upon being asked, daughter said she wanted to stay with the Father., to the Investigating office and to the child welfare office. daughter was sent with the father. Now as I have not withdrawn my complaint, we fear my husband may file a case under 497 against me and him
Upon your husband agreeing for a mutual consent divorce , with proper drafting of the petition, we can manage that your husband cannot invoke and use against you any of the the previous events/ matters.
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Adv. S.K Prabhakar Shetty
Adv. S.K Prabhakar Shetty
Bangalore / Bengaluru | 1000+ Answers
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Question: I was involved in a an affair with my partner. I am married, and what ever got into us, we had a emotional and sexual affair. I was not ready to leave my husband and as we have a daughter. I am 42 and my partner 29. we had made photographs and videos of our sexual activity at various places. these were in laptop of mine and my partner. Now by some reason these have gone into the hands of my husband. to stop him from using those as evidence to get a divorce, I have filed a dowry harassment under 498A and kidnap of child against my husband, its not the case. my husband is ready for MCD, and wants to keep the child., at the police station when I had filed the case, my husband was called and the child was also produced. upon being asked, daughter said she wanted to stay with the Father., to the Investigating office and to the child welfare office. daughter was sent with the father. Now as I have not withdrawn my complaint, we fear my husband may file a case under 497 against me and him.
Ans: Your daughter age is not given, however, you can defend yourself on various grounds even if he files a complaint under section 497, it is difficult to prove the same.
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Adv. Girish Kodgi
Adv. Girish Kodgi
Bangalore / Bengaluru | 25+ Answers
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Hi,
If your husband is interested in Mutual Consent Divorce then I would suggest you can issue a legal notice and proceed with Mutual Consent divorce.
If your husband files a adultery case you can defend by asking child custody.
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Adv. Varun Papireddy
Adv. Varun Papireddy
Bangalore / Bengaluru | 50+ Answers
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Dear friends,
You may contact to our office or can consult online as well for the ,legal queries to help u correctly n give advice that helps in ur legal problem solving. You may contact at ,OFC : Adv pankaj Kumar & associate...
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Adv. Pankaj Kumar
Adv. Pankaj Kumar
Bangalore / Bengaluru | 25+ Answers
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