Wants divorce and maintenance from husband who has a mistress

546 votes

You can follow normal procedure of divorce by filling application at family court and also apply for the maintenance court will issue the notices to your husband and after hearing you will get the divorce ,your maintenance money may very depends upon your income

Advocate Brij Bhushan Pandit LawRato

685 votes

Ask your husband to give you mutual consent divorce and alimony, tell him that if he does not agree then you will start criminal prosecution against him for bigamy (as you said that he has married to the mistress). If he does not agree then file regular divorce petition against him in family court, you will definitely get divorce. File application under s.-125 CrPC for your and your minor son's maintenance. Also file criminal complaint under s.-494 IPC before magistrate.

LawRato LawRato

842 votes

Dear Citizen, Claim for maintenance should generally be made within reasonable time after starting to live separately. The duration of living separately (if I am correct you are residing separately from your husband and his mistress) for "15 years" is very long and will be one of the most important factor in your case. It is advisable that you should hire an advocate and apprise him about the facts surrounding your separation and as to why no application was made earlier. With certain degree of factual justification in court, your application can succeed. The amount which you will get for maintenance would depend upon the earning of your husband and your living standards. You can also make claims under Domestic Violence Act for residential orders if that is one of the relief you seek. Your maintenance application is separate from these cases. You can also claim legal fees to be paid to your advocate from your husband under Hindu Marriage Act. Needless to mention each of these cases will require you to succeed on factual scenario of "Why did you entertain mistress for past 15 years"? Nevertheless as per the facts narrated by you, it is amply clear that your husband has remarried during the subsistence of earlier marriage. The is against the law and attracts imprisonment under the Indian Penal Code. You can file a complaint with the nearest police station for this. Feel free to contact. Regards,

Advocate Apoorv Pandey LawRato