Divource due ti illect relation
Querist :
Anonymous
(Querist) 28 October 2011
This query is : Resolved
IF ONE WOMAN ILLEGAL RELATION WITH OTHER MALE BUT SHE DID NOT RELIEVING HIS FIRST REAL HUSBAND DUE TO A LOT OF PROPERTY IN FIRST HUSBAND CUSTODY. HER FIRST HUSBAND WANT TO DIVORCE HIS WIFE DUE ILLECT RELATION OF OTHER AND HIS BIRTH CHILD MIS MATCH OF DNA FACTOR WITH FATHER DNA. WHAT GROUND HE FILE THE DIVORCE APPLICATION FOR DIVORCE. WHAT CHILD ENTITLED LEGAL BENEFIT IN FATHER PROPERTY.WOMAN LOVER'S MONEY LESS.
Nadeem Qureshi
(Expert) 28 October 2011
the child entitled all the rights if husband have any proof regarding affair then he can file a divorce petition against her and if he proov in the court then get divorce .
ajay sethi
(Expert) 28 October 2011
do you have any evidence of adultery . if you have you can divorce your wife.
in case you file for diovrce and are unable to substaniate your claim of adultery you wont get divorce
prabhakar singh
(Expert) 28 October 2011
In India the law of adultery is punishable under section 497 of the IPC, but originally the framers of the code did not make adultery an offence punishable under the Code, it was the Second law commission which after giving mature consideration to the subject, came to the conclusion that it was not advisable to exclude this offence from the Code.
Section 497 provides : “Whoever has sexual intercourse with a person who is and whom he known 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 a case the wife shall not be punishable as an abettor.
Unfortunately the prevailing law is not in consonance with the changed times, the law is neither socially apt nor does it stand to the principles of equality, from absolute conservatism to absolute liberty, the social fabric of our country has undergone a drastic change.
However it can be a ground of divorce if proved but its proof is a BIG BUT??
Shonee Kapoor
(Expert) 28 October 2011
The child won't be responsibility of the husband if its an illicit child.
And that would prove adultery and can get divorce.
However, be doubly sure, because in case the child is yours you are in a big soup.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
