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Extramaritial affair case & want my luggage back


07-Aug-2023 (In Divorce Law)
Me & my husband live separetely from last 5 years. He is working at IDBI bank .I have 5 years daughter too. I filled domastic viloance case against him because he didnt allow me at his home after delivery.Now i got a information that he has a extra maritial affair but i dont have any proof. My case is pending in the court from last 5 years but it doesnt have any progress from 5 years i got dates only not a single hearing is happened. I dont even get a maintaince or my luggage because my husband said in the court that he doesnt have any luggage. What should i do. Can i file a FIR agaist him for extramaritial affair & what should i do for my luggage.
Answers (3)

Answer #1
583 votes
Court cases don't take such a long time specially for getting interim orders.

do you speak with your existing lawyer and find out where case is being struck . also you can file criminal complaint under Section 498 of Indian penal code and separate case for getting maintenance under section 125 CRPC . due to paucity of details cannot provide for and precise advice . you can contact any of the panel advocate for second opinion .
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Answer #2
619 votes
Sorry to know about your situation. When you have filed a complaint under sections of domestic violence Act then you should carry it forward before the magistrate. It cannot be kept pending for 5 years unless you yourself drag the case by remaining absent.
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Answer #3
608 votes
No FIR can be filed for extra marital affair.
However, you can file for divorce for adultery and desertion against husband and the lady with whom he has an extra marital affair. You also need to insist on getting maintenance sooner by requesting the court multiple times.
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