Doubts on Christian Divorce Laws Doubts on Christian Divorce Laws

When we say a husband can divorce a wife on the grounds of adultery, I want to know what exactly amounts to adultery. He has text messages proofs of me and the other guy met once , but no mention where exactly ( it was a movie theater), and text messages proofs of our planning to meet next in a hotel room. But it was just a plan, we didn't meet actually. And he also has one more explicit chat proof with another guy, but all was in chat, nothing in real, that too by the guy only, not by me, i used to advice him, don't message me like this, but he least cared. Me and husband got married on 2014. Since then, I haven't had any sexual intercourse with any other guy except my husband. Can what I have done amount to adultery and can my husband get the divorce or legal separation without my consent? My husband has separated me from living with him, I'm living with my parents past 8 months. He has not sought for any divorce yet. He hasn't provided any financial support. My parents are supporting me financially. I'm a stay at home mom of a 2 yr old kid. I was working before my maternity, I left my job for my husband asked me to leave my job. But he has deserted me now with no kind of support. If what I have done does not amount to adultery legally, I want my husband to understand it and how can I prove my husband I have not committed adultery and help him trust me and help him decide to live with me. What can I do for it, can the court help me on it in any way?

Kishan Dutt Kalaskar Retired Judge

Responded 3 years ago

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A.Dear Madam,
The courts do not accept allegation of adultery on the wife. Be assured. File DV case and enter into the house of your husband and claim the following.

PRAYER
HENCE THE APPLICANT HUMBLY PRAYS
A) to take cognizance for the offence punishable u/s 498A IPC and punish Respondent No.1 to 3 as per law and extend police protection to the deponent,

B) Pass orders u/s 19, based upon S.17, granting separate residence for herself and her three children at a monthly rent of Rs. 20,000/- and advance of Rs. 5,00,000/-.

C) Pass orders u/s 18, in totality against Respondent No.1 to 3,

D) Pass orders u/s 20(i) granting Rs.25,000/- per month as maintenance for applicant and maintenance at the rate of Rs. 5,000/- each per month to her three children.

E) Pass orders granting Rs. 5,00,000/- for setting up house hold requirements, in granted residence, to make it livable, as the applicant cannot return to the house of Respondent No.1 as he is residing in the house of respondent No. 3, which is legally prohibited,

F) Pass orders granting litigation expenses of Rs.1,00,000/- as the applicant made to wander from pillar to post for getting legal aid to attend the Hon’ble Court, whereas, the Respondent No.1 falsely filed Divorce Petition.

G) The applicant also filed interim application supported by affidavit u/s 23(1) and (2) of D.V.Act,

H) That any other order/s, this Hon’ble Court deems fit, to meet the ends of justice, be passed.

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Shanti Ranjan Behera

Responded 3 years ago

A.Dear madam,
First you decide what you want to do. Then seek advice.
Best thing for you would be to ask for the maintenance of self and for the child to start with.
other things will follow.
Shanti Ranjan Behera
Advocate
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