Procedure to file for divorce on ground of husband having an affair


hi my husband is having many extra marital affair with many ladies , he also admitted to me the same also promised me and given me in written in 3 times that he will not repeat again but no change he is same doing, cheating me , now he started abusing me also raising hand on me. i have done Police NC and also sent him legal notice for mutual divorce , but now he is saying, give me one more chance , he is not ready to give me divorce . we have 2 children 1.5 boy and 4 yr girl. i m fed up with his harassment life , children are also suffering bcoz of this unhealthy atmosphere of domestic violence at home , i want to come out of this with my children. i m hindu regards

Answers (3)


213 votes

You have a reason to seek legal separation as well as maintainance from your husband and separate residence .See if he improves or else file petition for divorce as staying with him will be if no use as he shall improve only after he becomes old


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142 votes

Yes, you can file divorce petition under Hindu marriage act 1955. And/ or alsofile maintenance, legal custody of children under Hindu adoption and maintenance act, you can also file domestic violence for getting maintenance, residence, compensation and other reliefs. He cannot compel you to live with him. You can also file criminal complaint against him under bigamy against he and the lady, with whom he is having extra marital affair.

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Yes, you can file different cases such as divorce or case of domestic violence under protection of women from domestic violence act 2005 and you can file case of divorce on the ground of adultery as well as cruelty.

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