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My husband has extra martial affairs
05-Nov-2023 (In Divorce Law)
I have two children and my husband living with us. But he has extra marital affairs .The lady phone him and charting with him from phone taking others name.
If your husband is having an extra marital affair then this can be ground for divorce. You can file a suit for divorce and also you can claim monthly maintenance for you and your children as well as permanent alimony. Further, your husband will be bound to maintain you and your children until the children attain majority or until their education is completed or until they are married (if the child is a girl ).By filing a suit for divorce you can get separated from your husband and you can lead your independent life. Criminal case cannot be registered against him because of some supreme court guidelines.
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Adv. Sahil Kumar Nair
Balangir | 100+ Answers
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What is the punishment for extramarital affairs?
Adultery is punishable by death
Section 497 punishes with imprisonment of up to five years or a fine. As mentioned above, the Supreme Court of India struck down this section in the landmark case of Joseph Shine V. 22 May 2023
What if my husband has extra marital affairs?
Take your time. You may be eager to know what happened but dont get into the details right away. It could be dangerous to do so without professional guidance, such as that of a marriage counsellor. 16 Feb 2023
Is adultery a crime in India 2023?
The court also ruled that adultery is not a crime. If it were to be treated as a criminal, the privacy of the matrimonial realm would be invaded. The CJI stated that it is best to leave the matter as a divorce ground. 17 Nov 2023
Is extra-marital affair legal?
In India, there is no law that prohibits extra-marital relations. However, adultery was considered a crime until September 2018, when the Supreme Court of India declared this unconstitutional. Adultery is still a legal basis for divorce, and it can have social and legal consequences for women. 28 Mar 2023
Such action of husband amounts to mental cruelty and is a ground for seeking divorce. You are entitled to alimony/maintenance in case you file for divorce. It is important to build a strong case with supporting evidence to get proper relief in this type of matter.
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Adv. Sandipan Mohanty
Bhubaneswar | 100+ Answers
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