Divorce or Separation from Husband Divorce or Separation from Husband

1 year ago

We got married in November 2021, I am 4 months pregnant. My husband is having extramarital affair with her ex. We live under one roof but due to his affair we don't talk to each other. We don't fight or argue we stop talking. I want get rid of this issue as I am expecting and don't want this matter to affect my expecting child. Please Guide.

Abhimanyu Shandilya

Responded 1 year ago

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A.Dear Client
I am sorry to know about this. Since you are being undergoing emotional pain and don't see the option of continuing in the marriage hence I would suggest that you speak to your husband and ask him to go for mutual divorce and cooperate with you so that you can avoid unnecessary hassles. But remember that divorce case can not be filed before expiry of one year from the marriage date.
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 1 year ago

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A.Dear Client,

If you don’t want a divorce, you can file a petition in the court to obtain a decree of judicial separation on the ground of adultery committed by your husband.
If you want a divorce The Hindu Marriage Act (HMA) under Section 13(1)(i) and the Special Marriage Act (SMA) under section 27(1)(a) have mentioned in a very precise manner, that any marriage may be dissolved by a decree of divorce on filing of a petition by you on the ground that your husband or wife has, after the solemnization of the marriage had voluntary sexual intercourse with any person other than you.
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