Divorce cheating husband
3 years ago
I found out via wats app and husband also confessed to having an affair with his college friend they have sex chats and lovey doveey messages I have the proof with me. The woman is in US and therefore my husband also was planning to take me to US as well and continue his affair there without my knowledge. We have a baby too.he too wants to separate but fearing that he might have to give alimony what if he absconds? Can I file a criminal case against him for not divorcing me and absconding?
A.Yes, you can file a criminal case for cheating you and get divorce with huge alimony.
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Geeta Singh
Responded 3 years ago
A.As per facts stated by you it is clear that he is not willing to give divorce to you but you can file divorce petition under section 13 of hindi merriage act ,on basis of proof of chat which you have.you can file complaint also that your husband is planning to go abroad without divorcing you , as his intention is not to pay alimony. You can appeal to impound his passport.
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Suneel Moudgil
Responded 3 years ago
A.if you want to terminate the matrimonial knot, then,
try to settle the matter amicably with your husband involving elders/relatives/friends etc and go for Mutual Consent Divorce which will be decided in 6-18 months, and you both will be free to live life with your wish,
don't forget to draft an MOU before approaching Mutual Divorce, which is the most essential and important part of a Divorce case to avoid/reduce future legal complications,
some basic points to keep in mind and put in writing through an MOU before filing the petition for mutual consent divorce are custody of kids, distribution of assets (movable/immovable), quash/withdraw of pending litigation if any, Maintenance (present/future), Alimony, mode and time of making the payment, streedhan, future litigation, etc.
if failed, you are advised to file/claim
498a, 406,506 complaint
Domestic Violence case (for causing mental, emotional, physical and monetary abuse, etc)
you have rights to claim residence, protection, compensation, maintenance,
if you do not want to opt the divorce presently, you can ask for judicial separation also,
try to settle the matter amicably with your husband involving elders/relatives/friends etc and go for Mutual Consent Divorce which will be decided in 6-18 months, and you both will be free to live life with your wish,
don't forget to draft an MOU before approaching Mutual Divorce, which is the most essential and important part of a Divorce case to avoid/reduce future legal complications,
some basic points to keep in mind and put in writing through an MOU before filing the petition for mutual consent divorce are custody of kids, distribution of assets (movable/immovable), quash/withdraw of pending litigation if any, Maintenance (present/future), Alimony, mode and time of making the payment, streedhan, future litigation, etc.
if failed, you are advised to file/claim
498a, 406,506 complaint
Domestic Violence case (for causing mental, emotional, physical and monetary abuse, etc)
you have rights to claim residence, protection, compensation, maintenance,
if you do not want to opt the divorce presently, you can ask for judicial separation also,
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Rajnsh Singh
Responded 3 years ago
A.See, the first and foremost step you should consider taking is stopping him from going abroad and one of the ways to get it done is by getting his passport impounded. The passport act says that if there is any criminal proceeding pending against a person or where summons or warrant has been issued against a person and if this fact is brought to the notice of the passport authorities then they may impound his passport and that ways you can preven him from going abroad. Once this is done, you can initiate various proceedings against him. Now the question is that how and why would summons or warrant be issued against him ? So the answer is that it is done by a court and that too when a case is pending before it regarding that person. So what you immediately need to do is file a maintenance case against him so that the court issues summons to him directing his presence. Once summons is issued, you, without any delay, approach the passport authorities to get his passport impounded. Thereafter there are multiple proceedings that you can initiate including divorce.
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