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MY legal rights as a wife if living separately
23-Sep-2023 (In Divorce Law)
MY husband and me living separately from last two years as he is having affair with a married lady from last 20 years. We got married before 3 years. I was not aware of his affair. He has hide this affair and got marry with me. I am not interested to give him divorce and he is also not forcing me to do so. What are my legal rights as per special marriage act as a wife.
you can file an application for restitution of conjugal rights in the court of your jurisdiction if you are leaving separately for more than 2 years and whatever you are have said about your husband is true and correct then you can file for domestic violence as well as divorce and maintenance application under section 125 CRPC
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Adv. Navid Rashid Mulani
Pune | 100+ Answers
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Well, if you do not want to give Divorce to your Husband, then, Can you accept your Hubby's Extra Marrital Affair and let him continue with her behind your back? If not, then apart from seeking Divorce which is your right to get if your Husband is committing Adultery, you have an alternate option of seeking Judicial Custody. In either of the options which you exercise for securing your rights, i.e, Divorce or Judicial Separation, you also have a right to seek Maintenance or/and Alimony.
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Adv. Pankaj Bajaj
Mumbai | 500+ Answers
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