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Author Topic: Divorce, Homosexuality, Adultery, Abuse  (Read 150 times)

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Offline JKAUR11913

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Divorce, Homosexuality, Adultery, Abuse
« on: November 02, 2016, 11:43:55 AM »
Hello All,
I am a woman who has been married (1990) for 25 years. I have two daughters who are adults now. My husband has asked for a divorce. We have been separated for a year (2003-2004) earlier but got back together. My husband has physically and mentally abused me throughout my marriage.

After three months of asking for a divorce over a phonecall, he didnt speak to me for three months. He would return home late. Lie and go on tours. He deserted me when i had gone to visit our daughters as they study out of town.I returned home to an empty house with half of the furniture, goods taken away.

He has not been paying sufficient amount for maintenance . I am a homemaker and i have no income of my own. Right now i am taking tuitions to meet both ends.

Recently, I made a shocking discovery. He has been having series of affairs with other men since 2005. I have email records of conversations and images to prove his affairs from 2004-2016. I have doubted him earlier when i had read few odd messages on his cellphone but he had remained silent when i had confronted him in 2009. We never spoke about it later. Today i am aghast at the number of years he cheated on me. I don't understand why did he get back with me when we had already separated before (2003-2004) if these were his intentions.

Please tell me what are the sections under our penal code that i can book him for? Especially, how can i prove to court his adultery? I really need help.

Offline advjaibansal

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Re: Divorce, Homosexuality, Adultery, Abuse
« Reply #1 on: November 07, 2016, 07:00:47 AM »
Series of affairs with other Men ????
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline JKAUR11913

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Re: Divorce, Homosexuality, Adultery, Abuse
« Reply #2 on: November 07, 2016, 10:09:03 AM »
yes. Series of affairs. Do you have any legal advice for me?

Offline adv.amarnath

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Re: Divorce, Homosexuality, Adultery, Abuse
« Reply #3 on: November 07, 2016, 10:35:49 AM »
First you can get divorce under Special Marriage Act or Hindu Marriage Act whichever is applicable in your case under the ground of cruelty cause adultery is very tough to prove practically. Only 5 circumstances can prove adultery (Please go through Moorkherjee and Mookherjee Book). Additionally you can file a Criminal Case under Section 125 for you maintenance. If you have sufficient or cogent evidence to show adultery then you can also lodge complaint before local police station and same will be treated as FIR.

For further clarification and consultation in details, you can contact me. [Above suggestion is given on the basis of your post]
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

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