• Husband having extra-marital affair

I am 34 Years women having a 6 years daughter. Now after 8 years of my marriage, i have come to know that my husband is having an affair with a women having 3 kids and elder than him. It may be possible that that women's youngest son is from my husband, i am not sure. My husband is a Pharmacist. I do a Pvt. job in a school. He is alone son having all property and house in his name. I want to know what should i do to get him caught in law's hands, what should i do to protect my interest in the property and future of my daughter.
Asked 10 years ago in Family Law
Religion: Hindu

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5 Answers

engage detective agency . gather all evidence in support of your suspicion . you can file case of adultery against him . make application under Dv act against your husband

Ajay Sethi
Advocate, Mumbai
96773 Answers
7805 Consultations

1) court considers various factors which deciding maintenance /alimony . your income , your husband income , number of dependents etc . under DV act you only have right to stay in matrimonial home . dont get share in property .

2) if you want divorce court will award your alimony .

Ajay Sethi
Advocate, Mumbai
96773 Answers
7805 Consultations

are you sure that he has married another lady after your marriage or your marriage is after her marriage with your husband

Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations

1. The infidelity of your husband confers on you the right to apply for divorce. You will have to submit proof of his extra marital affair. If you do not have any proof yet then engage a detective agency to collect it. Once you have it in your hand then show it your lawyer and on the basis of his advice you may decide whether to file for divorce.

2. You may also prosecute him for adultery.

3. In addition to above, you may sue him for maintenance for yourself and your daughter.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

1. If he is proved guilty then you may be given alimony by court. Numerous factors such as age, income of your husband will be considered by court before deciding the amount of alimony.

2. As per the existing law you cannot get any share in his property. You may move to court to get right to reside in your matrimonial home.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

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