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Q. Legal Advice

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Anonymous

posted 2 months ago

Sir, actually I am 44 yes lady having 2 young kids. My husband is having affair with a girl if my daughter's age 17 yes approx. They belong to lower and backward class and in greed of my husband money and also he committed to buy a house etc. They both got engaged as well. I know it's illegal. Now living relationship is void in our country. I just wanted to know is married person allowed to stay in relationship?. She is ready to stay in such relationship. Also I wanted all property to be transferred in my name for my kids future. Can I do police case on that girl. I am so much depressed that I want to end up my life. Can I sue for it. After getting guidance from u I can plan further steps to be taken. My main aim is to punish both of them. My husband is very much afraid of legal.matters and specially police case. Request u to revert at the earliest.
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A. Dear client after readout your facts I would like to suggest you that kindly file domestic violence case against your husband.in domestic violence case you can apply for interim maintenance. If you don't want to live with your husband then you can proceed with divorce case on the basis of mental, physical cruelty.ask alimony into divorce case. but for all over resolution you need to engage a good family court lawyer.

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Deepak Bade

Experience: 9 Year(s)

Responded 2 months ago

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Anonymous

Replied 2 months ago

Sir thanks for reply. As my most of the property is in my name and he is ready to give all property. he is not ready to apart from me but also not ready to leave her. he try to convince me to accept her which i cannot. can we have mutal adjustment between us.

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Anonymous

Replied 1 month ago

In how many days I can get divorce with my husband (earliest time ) in family court . and when can i get my divorce certificate when can i get my decree of absolute certificate.

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Anonymous

Replied 1 month ago

ir i wanted to know is it legal that a married person can stay in living relation with any other partner? there is no law against it. only way is divorce, seperation, or police case?

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Anonymous

Replied 1 month ago

Sir can i know that any married person can stay with another partner in living relationship. As adultary is not crime now a days. there is no law of punishment for the same?

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Anonymous

Replied 1 month ago

sir can you advice me that if the minor girl complains about my husband he can be punished? if yes how can we save him. as that girl made her relation to get money and financial benefits with my husband. as i ask him for divorce he felt guilt and don't want to leave me and my kids. he wanted to stop his relation with that girl but he is not saying anything to us but afraid of something.i guess might complaint that girl make for him. or engagement he did with her in presence few neighbours and her family members. they are from backward and lower middle class people. hence might do anything. Pls guide me to save my husband from this issue. to punish him our personal matter. but i don't agree if someone else punish him. its his great mistake but as i have young kids i also have to look after them. she will be of 18 in Aug and after that she may claim and prove living relation with him if she have any proof . pls guide me and show some path . can photographs are used as evidence? she have their engagement photos as well. i don't know my husband have or not. but ass he is married and she is minor their. engagement is not void.

Reply

A. you are advised to
file a police complaint against your husband for causing mental, emotional and physical abuse to you, also file a case of domestic violence and claim maintenance, separate accommodation, compensation, alimony, etc
if you want you can file a divorce case on the basis of cruelty and adultery but I didn't suggest you take divorce, instead, claim maintenance and property and start living separately

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Suneel Moudgil

Experience: 15 Year(s)

Responded 2 months ago

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Anonymous

Replied 2 months ago

Sir thanks for reply. As my most of the property is in my name and he is ready to give all property. he is not ready to apart from me but also not ready to leave her. he try to convince me to accept her which i cannot. can we have mutal adjustment between us. and get seperated without divorce.

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Suneel Moudgil

Experience: 15 Year(s)

Replied 2 months ago

Why not, you both can apply for judicial separation by filing a petition in the family court.
In this way, you can live separately but status of both will remain unchanged i.e. husband and wife.

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Anonymous

Replied 2 months ago

Thank you sir for the advice. shall i send him legal notice for the same. and what are your charges to prepare a legal notice.

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Suneel Moudgil

Experience: 15 Year(s)

Replied 2 months ago

Yes, you should send him a legal notice through counsel. My charges for legal notice are Rs. 3000/-

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Anonymous

Replied 2 months ago

ok thanks a lot sir will revert you soon

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Suneel Moudgil

Experience: 15 Year(s)

Replied 2 months ago

Sure

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Anonymous

Replied 1 month ago

In how many days I can get divorce with my husband (earliest time ) in family court . and when can i get my divorce certificate when can i get my decree of absolute certificate.

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Suneel Moudgil

Experience: 15 Year(s)

Replied 1 month ago

if you both apply for mutual consent divorce, it will take 6 months.

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Anonymous

Replied 1 month ago

ir i wanted to know is it legal that a married person can stay in living relation with any other partner? there is no law against it. only way is divorce, seperation, or police case?

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Anonymous

Replied 1 month ago

Sir can i know that any married person can stay with another partner in living relationship. As adultary is not crime now a days. there is no law of punishment for the same?

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Suneel Moudgil

Experience: 15 Year(s)

Replied 1 month ago

Adultery is not a crime now, no punishment

Reply

A. Dear Sir,
You may approach police and also file DV case seeking following relief.
====================================================================================

PRAYER
HENCE THE APPLICANT HUMBLY PRAYS
1. to take cognizance for the offence punishable u/s 498A IPC and punish Respondent1 to 3 as per law and extend police protection to the deponent,
2. 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/-.
3. Pass orders u/s 18, in totality against Respondent1 to 3,
4. 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.
5. 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 Respondent1 as he is residing in the house of respondent No. 3, which is legally prohibited,
6. 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 Respondent1 falsely filed Divorce Petition.
7. The applicant also filed interim application supported by affidavit u/s 23(1) and (2) of D.V.Act,
8. That any other order/s, this Hon’ble Court deems fit, to meet the ends of justice, be passed.

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Anonymous

Replied 2 months ago

Sir thanks for reply. As my most of the property is in my name and he is ready to give all property. he is not ready to apart from me but also not ready to leave her. he try to convince me to accept her which i cannot. can we have mutal adjustment between us. and get separated without divorce. As i have adult children

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Anonymous

Replied 1 month ago

In how many days I can get divorce with my husband (earliest time ) in family court . and when can i get my divorce certificate when can i get my decree of absolute certificate.

Placeholder image

Anonymous

Replied 1 month ago

ir i wanted to know is it legal that a married person can stay in living relation with any other partner? there is no law against it. only way is divorce, seperation, or police case?

Placeholder image

Anonymous

Replied 1 month ago

Sir can i know that any married person can stay with another partner in living relationship. As adultary is not crime now a days. there is no law of punishment for the same?

Reply

A. Dear Madam,
Now there is no law as such against a person who lives in Adultery. But your rights can't be snached bcz he his with a teen age girl. Rather your husband may be in big trouble if that girl is minor and if she has been instigated by someone then your husband may face serious criminal case where there would not be even Bail from court.
You may issue a legal notice of all bout his negligence towards your family and thereafter you may file a case of Domestic violence, Divorce case if you have solid proof of that he is living in live-in relationship.
Also you may get interim financial support.
You may contact me for further needful legal advices and action required eg Drafting of notice etc. By contacting on my cell 9111673947.
Thanjs

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Sanjay Kumar Jha

Experience: 17 Year(s)

Responded 2 months ago

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Anonymous

Replied 2 months ago

Sir thanks for reply. As my most of the property is in my name and he is ready to give all property. he is not ready to apart from me but also not ready to leave her. he try to convince me to accept her which i cannot. can we have mutal adjustment between us. and get separated without divorce. As i have adult children

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Anonymous

Replied 1 month ago

In how many days I can get divorce with my husband (earliest time ) in family court . and when can i get my divorce certificate when can i get my decree of absolute certificate.

Placeholder image

Anonymous

Replied 1 month ago

ir i wanted to know is it legal that a married person can stay in living relation with any other partner? there is no law against it. only way is divorce, seperation, or police case?

Placeholder image

Anonymous

Replied 1 month ago

Sir can i know that any married person can stay with another partner in living relationship. As adultary is not crime now a days. there is no law of punishment for the same?

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Sanjay Kumar Jha

Experience: 17 Year(s)

Replied 1 month ago

Yes you can , Adultery is group for divorce.

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Anonymous

Replied 1 month ago

we have only option of divorce or separation. we cannot punish for adultery

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Anonymous

Replied 1 month ago

sir can you advice me that if the minor girl complains about my husband he can be punished? if yes how can we save him. as that girl made her relation to get money and financial benefits with my husband. as i ask him for divorce he felt guilt and don't want to leave me and my kids. he wanted to stop his relation with that girl but he is not saying anything to us but afraid of something.i guess might complaint that girl make for him. or engagement he did with her in presence few neighbours and her family members. they are from backward and lower middle class people. hence might do anything. Pls guide me to save my husband from this issue. to punish him our personal matter. but i don't agree if someone else punish him. its his great mistake but as i have young kids i also have to look after them. she will be of 18 in Aug and after that she may claim and prove living relation with him if she have any proof . pls guide me and show some path . can photographs are used as evidence? she have their engagement photos as well. i don't know my husband have or not. but ass he is married and she is minor their. engagement is not void.

Reply

A. Adultery is no more a crime in India after the Supreme Court judgement. However you can file a case for divorce against your spouse. You can also make a police complaint against the husband just for warning him

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Viswanath M K

Experience: 5 Year(s)

Responded 2 months ago

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Anonymous

Replied 2 months ago

Sir thanks for reply. As my most of the property is in my name and he is ready to give all property. he is not ready to apart from me but also not ready to leave her. he try to convince me to accept her which i cannot. can we have mutal adjustment between us. and get separated without divorce. As i have adult children

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Viswanath M K

Experience: 5 Year(s)

Replied 2 months ago

Simply safeguard the property and start living separately in another house.

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Anonymous

Replied 1 month ago

In how many days I can get divorce with my husband (earliest time ) in family court . and when can i get my divorce certificate when can i get my decree of absolute certificate.

Placeholder image

Anonymous

Replied 1 month ago

ir i wanted to know is it legal that a married person can stay in living relation with any other partner? there is no law against it. only way is divorce, seperation, or police case?

Placeholder image

Anonymous

Replied 1 month ago

Sir can i know that any married person can stay with another partner in living relationship. As adultary is not crime now a days. there is no law of punishment for the same?

Reply

A. U can just claim on Ur husband property share but adultery not offence know . File a partition suit

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Rameshwar Dadhe

Experience: 2 Year(s)

Responded 2 months ago

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Anonymous

Replied 2 months ago

Sir thanks for reply. As my most of the property is in my name and he is ready to give all property. he is not ready to apart from me but also not ready to leave her. he try to convince me to accept her which i cannot. can we have mutal adjustment between us. and get separated without divorce. As i have adult children

Placeholder image

Anonymous

Replied 1 month ago

In how many days I can get divorce with my husband (earliest time ) in family court . and when can i get my divorce certificate when can i get my decree of absolute certificate.

Placeholder image

Anonymous

Replied 1 month ago

sir i wanted to know is it legal that a married person can stay in living relation with any other partner? there is no law against it. only way is divorce, seperation, or police case?

Placeholder image

Anonymous

Replied 1 month ago

Sir can i know that any married person can stay with another partner in living relationship. As adultary is not crime now a days. there is no law of punishment for the same?

Reply
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