Filing for divorce as husband an alcoholic & have extra marital affair

611 votes

First you try to make understand your husband and say to him not to do all this things and second thing you cAn be go for filling divorce suit in family court under sec 13 of hindu marriage act on the ground of extra marital affair and cruelty too.

Advocate Yogesh Shah LawRato

956 votes

For getting out of all this, divorce is not the only option, divorce must be the last option.

You can get judicial separation on the same grounds on which you can get divorce.

You are already 54, and you have spent a very long time of your life with your husband, so instead of ending the relationship, you should give a chance to your husband to improve himself.

Decree of judicial separation does not end the relationship, it just removes the obligation to cohabit with your spouse. But, if there is no resumption of cohabitation even after one year since the passing of the decree of divorce, decree of divorce can be passed.

Although, you can file for divorce directly, but this period of one year allows the guilty party to improve upon.

In your case, grounds for divorce given under Section 13(1)(i) and 13(1)(ia) are applicable.

Section 13(1)(i) provides ground for getting decree of divorce if the opposite/guilty party has voluntary sexual intercourse with any person other than his or her spouse.

Section 13(1)(ia) provides ground for getting decree of divorce if the opposite/guilty party has treated the petitioner with cruelty. Not earning, drinking and having extra-marital affair are also kinds of cruelty.

But, I advise you to first get decree of judicial separation on these grounds. And if you see no improvement in your husband even after one year of getting decree of judicial separation, you may proceed to get divorce.

Advocate Sandeep Naik LawRato

913 votes

आपको अपने पति के अन्य महिला के संबंध को साबित करने के लिए सबूत जुटाना होंगे उसके बाद आप अपने पति से उन सबूतों के आधार पर तलाक का केस कोर्ट में लगा सकती है | कोर्ट में भरण- पोषण का दावा भी लगा सकती है |आपके ऊपर जो ऋण है उसकी भरपाई की जवाबदारी भी आपके पति की है|

You will have to gather evidence to prove the relation of your husband's other woman, after that you can put a divorce case on the basis of your evidence from your husband in court. You can also claim fertility in the court. Your husband also has the responsibility of compensating you for the loan.

Advocate Sushil Kumar Gothwal LawRato

942 votes

Hello,
you can initiate divorce proceedings under section 13 of the HMA, 1955 on the grounds of cruelty and adultery . if your children have attained majority, custody would not be an issue as they can opt to live with whoever they find suitable .

Regards,
Adv Ashima Pandey

Advocate Ashima Pandey LawRato

760 votes

you can file divorce case against your husband. you have right to file divorce case , domestic violence case or other cases against your husband. you can also demand for your children's custdy.
At age of 54 you should think about all thing very carefully.

Advocate Arvind Jain LawRato