Rights available in case husband is having extra marital affair


i was married in india and then immigrated to usa along with husband. He lived there prior on h1b. Upon arrival in usa, found out he had extra marrital affairs, situation hasnt approved in 2 years. What are my choices and rights?

Answers (2)


67 votes

Hi according to your question you can file maintenance petition, as well as you can take divorce, and you can file adultery case on him and can take necessary action against him so for further clarification you can call us on any time.


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161 votes

Hi
You can choose to file the cases pertaining to cruelty ( extra marital affair is also cruelty) in USA OR in India. In USA courts generally grant no fault divorce which means you get your divorce and compensation, but your husband will go scot free after granting divorce and paying you money.
Filing the domestic violence case (cruelty is domestic violence in india) in india is advantageous given that your marriage was solemnized here in india and that indian laws (though time consuming) are women friendly in terms of punishment and compensation.
Indian laws provide for both punishment and compensation in matrimonial cases
You can file multiple cases in matrimonial matters ( filing of multiple cases will help as your husband and in laws will need to defend multiple cases and run from pillar to post for about 2 to 3 years)
a) Maintenance u/s 125 Cr.P.C
b) Domestic Violence (Punishment with compensation)
c) Divorce with alimony
d) Reclaim marriage expenses, dowry , jewellery etc.

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