Adultery during pregnancy
Mavis Fernandes
(Querist) 19 July 2015
This query is : Resolved
Hi,
I reside in Dubai and went to Mumbai to stay with my mother during pregnancy owing to complications from the 2nd month. My husband had an affair with a Filipino woman all the while I was with my mother during pregnancy. I had an extremely difficult pregnancy with amniocenthesis and a cyst operation while I was pregnant. I delivered a normal girl child in Dec 2014 and came to Dubai with my baby in Feb 2014. On March 15th I saw the photos of my husband with the Filipino girl in my house in my bed. I confronted my husband and he admitted to the affair. I have proof of a combined facebook page my husband and the Filipino girl made in their combined names with photos of both of them together. I also have credit card statements of purchases made for the girl and movie tickets. My husband has admitted to all the payments made on the credit card statement for her.
My baby is 7 months old and I was to file for a divorce.
My query:
Will the proof I have be sufficient to get a divorce in court even if my husband denies all the charges?
Will I get custody of my baby?
I do not have a house in Mumbai. Can I claim the house along with monthly maintenance for my baby in alimony?
I was a working women however during pregnancy I had to leave my job. I am without a job at the moment.
Kindly help me with your reply.
Thanks..
M/s. Y-not legal services
(Expert) 19 July 2015
i hope you not dubai citizen.. where your marriage was solemnized?
are you christian?
is your marriage registered? at where?
Rajendra K Goyal
(Expert) 20 July 2015
Author need to reply the questions from the expert.
P. Venu
(Expert) 20 July 2015
There could be an extra-marital affair, but not necessarily adultery.
Dr J C Vashista
(Expert) 20 July 2015
Vital information missing from query.
Anirudh
(Expert) 20 July 2015
1. Having affair with another girl is not a ground for 'divorce'.
2.Unless the 'girl in question is a married lady'and the husband is aware that she is married and still has sexual relationship, it cannot be called 'adultery'.
3. Having combined photo, or your husband admitting to an affair will not prove there is any 'adultery'or 'affair', as your husband can at any time deny such confession / statement / admission made before you.
Therefore, think several times before spoiling your marriage.
Guest
(Expert) 20 July 2015
Consensual Sexual intercourse between a married person and a person other than Spouse is nothing but Adultery.Under Hindu Marriage Act 1955 The Act of Indulging in any kind of Sexual Relationship including Intercourse out side marriage is termed as adultery.Adultery is counted as a Criminal Offence and substantial Proofs are required in Adultery to establish it.Amendment to the Law in 1976 states that One Single Act of Adultery is enough for the Petitioner to get Divorce.In your case the Status of the Person involved whether married Or Unmarried is Immaterial to Prove the Adultery.
Anirudh
(Expert) 21 July 2015
Section 497 of IPC defines Adultery as under:
Whoever has sexual intercourse with a person who is and WHOM HE KNOWS OR HAS REASON TO BELIEVE TO BE THE WIFE OF ANOTHER MAN, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. In such case the wife shall be punishable as an abettor.
The Grounds for seeking divorce as per Section 13 of the Hindu Marriage Act, 1955 are as under:
13.Divorce.-
(1) Any marriage solemnized, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party-
(i) IS LIVING IN ADULTERY; or
(ii) has ceased to be a Hindu by conversion to another religion; or
(iii) has been incurably of unsound mind for a continuous period of not less than three years immediately preceding the presentation of the petition; or
(iv) has, for a period of not less than three years immediately preceding the presentation of the petition, been suffering from a virulent and incurable form of leprosy; or
(v) had, for a period of not less than three years immediately preceding the presentation of the petition, been suffering from venereal disease in a communicable form; or
(vi) has renounced the world by entering any religious order; or
(vii) has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of it, had that party been alive; or
(viii) has not resumed cohabitation for a space of two years or upwards after the passing of a decree for judicial separation against that party; or
(ix) has failed to comply with a decree for restitution of conjugal rights for a period of two years or upwards after the passing of the decree.
(2) A wife may also present a petition for the dissolution of her marriage by a decree of divorce on the ground,-
(i) in the case of any marriage solemnized before the commencement of this Act, that the husband had married again before such commencement or that any other wife of the husband married before such commencement was alive at the time of the solemnization of the marriage of the petitioner:
Provided that in either case the other wife is alive at the time of the presentation of the petition; or
(ii) that the husband has, since the solemnization of the marriage, been guilty of rape, sodomy or bestiality.
From the above provision, the querist may draw her own proper conclusions.
SAINATH DEVALLA
(Expert) 21 July 2015
The evidences at her disposal may yield positive approach legally,but she cannot prove their physical relationship unless caught red handed.Adultery cannot be directly established here.
Biswanath Roy
(Expert) 21 July 2015
From the given facts it appears that there is no ground for Divorce.
From the given facts adultery cannot be proved'
From the given facts extra marital relations cannot be established.
