Husband having affair for 2 years. Can he get divorce w/o my consent?


I have been married for 11 years. For last 2 years my husband is having an extra marital affair. He is asking for divorce. I am not willing to divorce him as I want to resolve our differences. We have a 7 year old child. Pls suggest if he can still seek divorce without my consent or not?

Answers (3)


451 votes

Yes, your husband can seek divorce without your consent by making allegations which may appear to be false and baseless. You can contest the case and disprove all his allegations in the court.

You can also pressurise him by filing separate cases seeking maintenance and also alleging domestic violence. You can also seek maintenance for your child.

Apart from this you can file a criminal complaint against your husband for adultery and involve the girl also in the matter.  It is also to your benefit if you begin collecting evidence of your husband's affair (phootos, hotel, restaurant bills, phone messages, call records etc)

349 votes

Madam,
in your situation it is highly unlikely that any court will grant your husband a divorce decree without your consent. Further, you and your daughter are entitled to maintenance if your husband is neglecting in that respect. It is also to your benefit if you begin collecting evidence of your husband's affair (phootos, hotel, restaurant bills, phone messages, call records etc). A detective may be appropriate for this


Googling your legal issue online?

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Talk to a real lawyer about your legal issue.

73 votes

Yes, your husband can seek divorce without your consent by making allegations which may appear to be false and baseless. You can contest the case and disprove all his allegations in the court. You can also pressurise him by filing separate cases seeking maintainence and also alleging domestic violence. U can also seek maintenance for your child. Apart from this you can file a criminal complaint against your husband for adultery and involve the girl also in the matter. It's a criminal offence and he can be put to task.

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