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Q.Legal Advice

Q. Legal Advice

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Anonymous

posted 1 week 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 6 days ago

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Anonymous

Replied 5 days 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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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 1 week ago

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Anonymous

Replied 5 days 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 5 days 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 5 days 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 5 days 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 4 days ago

ok thanks a lot sir will revert you soon

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Suneel Moudgil

Experience: 15 Year(s)

Replied 3 days ago

Sure

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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 5 days 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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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 1 week ago

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Anonymous

Replied 5 days 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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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 1 week ago

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Anonymous

Replied 5 days 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 5 days ago

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

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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 1 week ago

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Anonymous

Replied 5 days 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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