Suresh 27 July 2020

Divorce, because of wife's affair

Dear esteemed members,

I recently got married in January 2020 and within in few days of marriage i got to know my wife has an affair with some other person. We had a quarrel in this regards and currently we are staying separate. Her family seems to support her eventhough its wrong. I have few questions in my mind. I would be grateful if esteemed members could help me in this regards

1. Can the court force me to stay with her? At an extreme scenario if I have to accept her again what are the safeguard measures, I need to take to protect myself and my family

2. Is it advisable to file for separation? Does it make divorce smoother for me? Can other party object the same?

3. Can she ask for alimony even without filing for divorce?

4. Having a home loan or car loan considered when the judge decides on alimony. Would it reduce the alimony amount (both monthly as well as lump sum)?

Thanking in advace. I would be obliged if esteemed members of the forum can help in this regards. Currently i am in a very difficult situation.

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4 Replies

Sourav Das (Advocate Supreme Court of India) 27 July 2020

File suit for divorce on the ground of adultery. Call or mail me for assistance.

1 Like

Abhijit Mishra 27 July 2020

when u say relationship with other man (affair) it need to be both physical n psychological...one night stand cant be held adulterous life..

2nd as physical intimacy are very difficult to prove, u hv to prove mental cruelty by means of such relationship

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SHIRISH PAWAR, 7738990900 (Advocate) 27 July 2020

Hello,

You can file application for divorce in court. However you should have adequate evidences to get divorce from court. Your wife will get right to defend the case filed by you. In divorce case filed by you she may file maintenance application or she can file separate application for maintenance.