Husband have extra marital affair and have 2 kids, filed for divorce

910 votes

Even if you wants to avoid court, you may need to file for maintenance (interim relief for herself and kids) under Section 125 CrPC or the Domestic Violence Act to get immediate financial support without waiting for the full divorce.

Advocate Santosh S. Gaikwad LawRato

601 votes

1. Maintenance (Financial Support): You can claim maintenance for yourself and your children under: Section 125 CrPC Hindu Marriage Act (if applicable) The court can direct him to pay monthly expenses, even during the divorce proceedings. This can be applied for with a simple interim application and does not require prolonged litigation. 2. Contesting Divorce Without Much Burden: You do not have to actively “fight” a long case if you don’t want to. You can: File a basic reply denying false allegations Let the court decide based on evidence If he fails to prove “mental cruelty,” divorce may not be granted easily. 3. Domestic Violence Act Remedy: You can also file a case under the Protection of Women from Domestic Violence Act for: Maintenance Residence rights Protection orders This is comparatively faster and more practical relief-oriented. 4. Legal Aid (Free Support): If cost is a concern, you can approach the District Legal Services Authority (DLSA). They provide free legal aid to women, so you don’t have to spend much money. 5. Children’s Rights: Your children have an independent right to maintenance, and the father cannot avoid this responsibility under any circumstances. What you should do immediately: File for interim maintenance and seek free legal aid—this will reduce both your financial burden and court stress

Advocate Vikrant C Deshpande LawRato

659 votes

Your situation is genuinely difficult, and I understand that managing two children, work pressure, and a legal dispute at the same time can feel overwhelming. But let me assure you—you don’t have to fight this in a stressful or expensive way if handled correctly from the beginning. First, regarding the divorce case filed against you on the ground of mental cruelty—just informing relatives about his affair, especially if it is true, does not automatically amount to cruelty in the eyes of the court. This is something we can strongly defend. Second, the most important issue here is your financial security and your children’s future. Even if you do not wish to actively contest the divorce, you still have a legal right to claim maintenance for yourself and your children. The fact that he is not paying anything works in your favour legally. Now, since you mentioned that you don’t want to spend too much time and money in court, we can take a strategic and minimal-effort approach: • File for interim maintenance so you start receiving financial support quickly • Appear only when absolutely necessary—I can handle most of the procedural work • Explore the option of mutual settlement where you can secure a lump sum or monthly support without prolonged litigation This way, you are not dragged into long court battles, but at the same time, you don’t lose your legal rights. Also, if handled properly at this stage, we can actually turn this situation in your favour—either by securing proper maintenance or negotiating a strong settlement. You don’t need to go anywhere else or get confused with multiple opinions. I can take care of this matter in a focused, time-saving, and cost-effective manner, keeping your situation in mind.

Advocate Pranav Bhanudas Ingale LawRato

798 votes

From the facts stated, it appears that your husband has filed a divorce case alleging mental cruelty while also not providing financial support to you and your children. Please note that even if a divorce case is filed, you have full legal rights to claim maintenance for yourself and your children. You are not required to run around unnecessarily in court. Your lawyer can represent you, and your personal appearance is not required on every date. You may also seek interim maintenance so that immediate financial support is ensured during the pendency of the case. If you do not wish to prolong litigation, you can explore the option of settlement or mutual consent terms, provided your financial and children’s interests are protected. At this stage, it is important to respond properly to the divorce case and secure your rights rather than ignoring it. Proper legal steps will reduce your burden and protect your position

Advocate Vijay Ramesh Joshi LawRato

824 votes

Appear in court or through advocate and contest divorce. Seek maintenance for you and children, child expenses, custody/visitation orders. Collect proof of affair/non-support. Mediation also possible.

Advocate Pankaj Bajaj LawRato