Husband Having Extramarital Affair
3 months ago
My husband is having extramarital affair with another women, We have three children together, I have tried everything to make him drop these illicit affairs but i have not been successful and now it has reach to the point where I exhausted and this have affected me mentally. The only reason I'm still allowing him to come home is because I don't have my own job nor any source of income. But I'm done with him, I want to be separated but I'm worried how ill support my children and myself. Please give me any advice on these.
A.Dear Client,
Unfortunately, extramarital affairs or adultery is no longer a crime and grounds for divorce after the order passed by the Supreme Court in 2018 decriminalizing the act of adultery or extramarital affairs. However, the Hindu Marriage Act under Section 13(1)(i) and the Special Marriage Act under Section 27(1)(a) have mentioned in a very precise manner, that any marriage may be dissolved by a decree of divorce on the filing of a petition by you on the ground that your husband has after the solemnization of the marriage had voluntary sexual intercourse with any person other than you. Any relief sought by you(petitioner) in a proceeding of divorce or judicial separation may be opposed by your husband (respondent) on the grounds of adultery committed by him, You may counterclaim for any relief under the Act (HMA or SMA, as applicable) on such ground; and if his adultery is proved, the court may give you any relief under the Act to which you would have been entitled if you had presented a petition seeking such relief. Reach out to an expert Lawyer handling matrimonial matters for guidance and steps to resolve the crisis in the right way.
Unfortunately, extramarital affairs or adultery is no longer a crime and grounds for divorce after the order passed by the Supreme Court in 2018 decriminalizing the act of adultery or extramarital affairs. However, the Hindu Marriage Act under Section 13(1)(i) and the Special Marriage Act under Section 27(1)(a) have mentioned in a very precise manner, that any marriage may be dissolved by a decree of divorce on the filing of a petition by you on the ground that your husband has after the solemnization of the marriage had voluntary sexual intercourse with any person other than you. Any relief sought by you(petitioner) in a proceeding of divorce or judicial separation may be opposed by your husband (respondent) on the grounds of adultery committed by him, You may counterclaim for any relief under the Act (HMA or SMA, as applicable) on such ground; and if his adultery is proved, the court may give you any relief under the Act to which you would have been entitled if you had presented a petition seeking such relief. Reach out to an expert Lawyer handling matrimonial matters for guidance and steps to resolve the crisis in the right way.
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A.Under the Hindu Marriage Act, of 1955, an Extra-marital affair or Adultery is not only a ground for Divorce but also has been recognised as a legal ground for Judicial Separation. Thus, in the case of Extra-marital affairs spouse can apply for the Judicial remedy also. After the repeal of Section 497, extra marital affairs are no longer considered a criminal offense in India. However, it is important to note that the consequences of such affairs can still have legal ramifications in terms of civil remedies. The punishment given under Section 497 is imprisonment for a term extending to five years, a fine, or both. However, as mentioned above, this Section was struck down by the Supreme Court of India in the landmark case of Joseph Shine v. Union of India (2018) and is therefore not applicable today. You can approach to this matter legally by filing a complaint and consulting a local family lawyer.
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