will a past extramarital affair be considered if divorce filed today

620 votes

Any incident which relates to adultery by wife, may be used as a ground for divorce by husband, in the court of law. In this situation of your friend, her husband is likely to mention both incidents, in addition to other grounds including cruelty.

Alimony is based on various factors including earning, assets of husband, the time for which couple have been married. Education qualifications of wife and her earning capacity also has bearing on alimony.

In this situation your friend must contest the case of divorce, by stating that any incident quoted by husband didn't take place andallegations are false.

In the event you or your friend may have any questions feel free to contact me.

Advocate Vivek Nasa LawRato

913 votes

Your query is being answered on the assumption that her husband has some proof of the 2013 affair as well. Now for the purposes of Alimony allegations of extra marital affairs are relevant factors but will not affect her right of alimony substantially. She can claim alimony and her right is not hindered unless her husband has substantial proof of Adultery against her.

Advocate Amit Kumar LawRato

772 votes

Dear Client,
first of all, its not just friendly chat. if the person with whom she was chatting recently, was the same person with whom she had extra marital affair in 2013?
husband can go for divorce on this ground but it has no concern with alimony. if the couple has any child from there marriage?
your query is incomplete, make a call and get complete response.

Regards,

Advocate Suneel Moudgil LawRato