Family court

Dear Client,
The relationship of either spouse with another woman or man is defined as Adultery under Section 13 (1) of the Hindu Marriage Act. 1955 and considered a valid ground for divorce by the Marriage Laws Amendment Act, 1976. However, an extramarital affair or adultery is no longer a criminal offense as per the judgment passed by a five-judge Bench of the Supreme Court on September 27th, 2018, decriminalizing adultery. However, adultery can still be considered grounds for divorce and can have legal and social consequences. It would be a crime if a married person stays even in a live-in relationship with another person without ending his or her previous marriage. The Hon'ble Punjab and Haryana High Court have held that a couple living together without divorcing the earlier spouse does not fall within the definition of a "live-in relationship" or ties in the "nature of marriage". The court also said it constitutes an offense of bigamy under Sections 494/495 of the IPC (Sections 82(1) & 82(2) of BNS) that attracts punishment of imprisonment for seven years or more, depending on the severity of the crime. So, in the given scenario, if you can prove the offence of bigamy against your husband, you can file a criminal suit against him under Sections 82(1) & 82(2) of Bharatiya Naya Sanhita(BNS). Section 13 (1) (ia) of the Hindu Marriage Act, 1955, allows either spouse to seek divorce on the grounds of cruelty. If there is no possibility and no scope of mutual consent divorce, she can file a one-sided/contested divorce petition before the Family Court/District Court where the couple last lived together, such as their marital home, where the marriage was solemnized, or where the wife currently resides praying for a decree of divorce and seeking maintenance or alimony from the husband. The party seeking divorce can submit audio, video or written evidence to prove his or her claim. As regards maintenance post-divorce, be informed that both under Section 25 of the Hindu Marriage Act, 1955 or under Section 125 Cr. PC(Section 144 of BNSS), any person having sufficient means is liable to support his wife, provided she is unable to maintain herself. This support is provided by way of a fixed amount determined by a judicial magistrate, known as ‘maintenance’ once an application is filed by the aggrieved spouse seeking maintenance from her husband in the Family Court. Certain guidelines had been set down by the Supreme Court in its judgment in the case of Rajnesh Vs. Neha (2021(2) SCC 324). Said criteria include the parties’ status, the respondent (Wife) needs, the respondent’s income and property, the claimant’s liabilities and financial responsibilities, the parties’ age and employment status, the parties’ residential arrangements, the party's minor children’s maintenance, and illness or disability, etc. Maintenance under Section 125 of Cr. PC is not restricted to the husband's income alone. The courts have held that the husband's income, as well as his assets and properties, can be taken into consideration while determining the maintenance amount. The Gauhati High Court has recently observed that if the husband is healthy, able-bodied and in a position to support himself, he is under the legal obligation to support his wife. The courts have also held that maintenance can be granted to the wife even if she is living separately from her husband due to his ill-treatment or other reasons. Under Section 6(a) of the Hindu Minority and Guardianship Act, 1956, the custody of a child below 5 years of age is given to the mother. As per the Guardians and Wards Act 1890, once a child achieves the age of 9 years in India, his/her preference for custody is considered by the Court on appeal seeking custody of a child by either parent. If you are not financially sound enough to continue with litigation expenses, you can apply before the Member Secretary, State Legal Services Authority or Dist. Legal Services Authority seeking free legal services available to women under Sec.12(c) of the Legal Services Authority Act, 1987 to contest the cases in the Court for appropriate relief. If there is no possibility and no scope of mutual divorce, you can file a one-sided/contested divorce petition under Section 13 of the HMA before the Family Court seeking a decree of divorce and since grounds for one-sided/contested divorce reflect the various challenges and complexities that may arise in the course of divorce proceedings, it is always recommended to consult an expert divorce lawyer to get the right legal advice before filing a contested divorce petition.

Dear Madam,
You may file multiple cases against him. The first step you have to take is to recover your jewelry by approaching the Police and then file case for Divorce and claim maintenance for your child and alimony for yourself and easily you will get it since he is in adultery.

Dear Client,

As your husband is not ready to give mutual divorce so you can file contested divorce under Section 13(1)(i) (Adultery) and Section 13(1)(ia) (Cruelty) of the Hindu Marriage Act, 1955 before the Family Court in your jurisdiction.
The gold is your streedhan and Streedhan remains your exclusive property even after marriage. So you can file a criminal complaint for the recovery of your Streedhan.
It is pertinent to mention here that his claim of being in debt does not absolve him of his legal obligation to maintain you and your child. Courts may attach his salary, property, or other assets if he refuses to pay. For that you can file a petition for maintenance before the family court.
For that Consult a Family Lawyer who can help you to draft and file petitions in Family Court.