My husband an extra marital affair he is forcing me for divorce

762 votes

you can file a DV case against your husband and also ask for maintenance if the police is not taking any action then you can directly approach a magistrate by making a private complaint but first you will have to send a notice to the superintendent of the police that your FIR is not being recorded.

Advocate Areeb Ansari LawRato

801 votes

You can file an application under section 125 crpc for maintenance initially. Thereafter, you can pursue DV against your husband. Feel free to contact me for seeking any legal advice/assistance as regards the same.

Advocate Prerna Shukla LawRato

843 votes

I understand your situation. Please don’t feel that the law is only on your husband’s side — you have strong legal rights under current laws. If your husband is threatening you, abusing you, or telling you to die, it amounts to mental cruelty and criminal intimidation under the Bharatiya Nyaya Sanhita, 2023. You can file a complaint for such behaviour. You can also take protection under the Protection of Women from Domestic Violence Act, 2005, where you can seek: Protection orders Right to reside in the shared household Monetary relief (expenses and maintenance) Even if he is not giving you money, you have a legal right to claim maintenance under Section 125 CrPC (now continued under the new criminal law framework). The court can order him to provide you monthly financial support. His relationship with another woman, though not a criminal offence now, is still a strong ground of cruelty and can be used in legal proceedings. If police are not helping, you can: File a complaint directly before the Magistrate Approach the Women Cell / Protection Officer Send a legal notice through an advocate If you want to save your marriage, you can also opt for mediation or counselling through court. Please stay strong — you are legally protected, and proper action can secure both your safety and financial rights.

Advocate Utkarsh Mehta LawRato

507 votes

You have legal remedies even if police are not helping. You should immediately file a complaint under the Domestic Violence Act seeking protection orders, residence rights, and monthly maintenance, and also seek interim maintenance before the Family Court so that your legal expenses are covered. If your husband is threatening you or telling you to harm yourself, you can file a police complaint for cruelty and criminal intimidation (IPC 498A/506). You can also approach the Legal Services Authority for free legal aid. As far as the other woman is concerned, no direct criminal case lies against her unless specific illegal acts are involved, but your husband remains legally bound to maintain and support you.

Advocate Pragati Patil LawRato

689 votes

Collect proof of threats, neglect and affair. File complaint under DV Act for protection, residence and maintenance. Seek counselling/mediation if you want marriage saved. Approach Legal Aid for free lawyer.

Advocate Pankaj Bajaj LawRato