Abused!!!
Querist :
Anonymous
(Querist) 29 June 2011
This query is : Resolved
I have been married for 13 years. Ours was an absolutely perfect marriage, till the day i discovered my husbands extra marital affair witha concubine!! Having been confronted, he compromised for a few days, but i got to know that he is very much meeting her. Later he started absconding on weekends..weekdays..and finally left n never returned!! All this without any talk or communication to me. This is happening from the last eight months. He has not been giving me any money. I am not earning and have survived with the little savings i had and now am dependent on my family and friends. I am 35 years. Now he has stopped paying the emis of the home loan of the house we jointly own. Two emis have been bounced. Third emi if not paid, the bank will auction the house.
I have ample proof to proove adultery. I have been under immense trauma physically and mentally in these months and am under medication.
1. Can i sue him for adultery? criminal or family?
2. Can i sue him for domestic violence?
3. If i ask for maintainance and pray to court to direct him to pay emi, can i sue him later for adultery and dv, coz i will be homeless if i dnt prioritise the house problem.
4. How can i charge the concubine for abetting dv?
5. Should i ask for restitution fo conjugal rights? If i do then again does my claim to adultery and dv be lost?
A V Vishal
(Expert) 29 June 2011
1. Can i sue him for adultery? criminal or family?
Ans. No, however it can be a ground in the family court for divorce.
2. Can i sue him for domestic violence?
Ans. Yes
3. If i ask for maintainance and pray to court to direct him to pay emi, can i sue him later for adultery and dv, coz i will be homeless if i dnt prioritise the house problem.
Ans. You can seek maintenance.
4. How can i charge the concubine for abetting dv?
Ans. Different High courts have taken different stances whether a woman can be charged under the D V Law.
5. Should i ask for restitution fo conjugal rights? If i do then again does my claim to adultery and dv be lost?
You may go for RCR without loss to right to sue for DV.
