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Question
my husband is having an affair i want divorce from him

Yes. You can do this

Mrs. Ridhima I understand your situation. Think through it thoroughly. First talk to your husband about it and then you can seek help of the womens' commission and if it goes futile then you can certainly think of filing for divorce. You can book a consultation to discuss it further.

While indulgence in an extra-marital affair is not in itself a ground of gaining a decree of divorce, having voluntary sexual intercourse with any person other than the spouse is a ground for divorce, which needs to be proved in the court. Nevertheless, among other grounds, a divorce decree can also be procured by establishing the ground of commission of cruelty on the spouse and desertion of the spouse.

Aman Mir
Advocate Aman Mir
25 Apr 2021 10:08 PM

Firstly file a criminal complaint against your husband. After that file a divorce petition u/s 13.

You can file a case before family court under section 13 of Hindu Marriage Act and you will get divorce definitely. If you have any question then call me.

Provide your information , I will file a divorce case

Hi Ridhima, I am sorry that you are facing such a tedious situation and your husband's affair is a valid ground for divorce but before proceeding with that it's better to iron out certain details with your advocate such as certain proofs, his income, your maintenance, and other aspects as well. Please schedule a conference for the same as it would be better for you to protect your future and act smartly in the instant situation.

Yes you can get divorce on that particular ground and it's a good ground to you to get divorce from him for further details please book consultation by clicking my profile.

Extra marital affair is a valid ground for divorce, you can file divorce petition in the concern court.

File Divorce petition in Family court under section 13(1) Hindu marriage act.

Pls elaborate the facts so that requisite legal assistance can be given. Milind Awasthi ,Advocate

As per Indian marriage & divorce act you can get divorce from your husband, file also adultery & cheating case on your husband.

Dear queriest, as per your query you have mentioned that, your husband is having a affair and so on you want to get divorced with your husband on the same grounds, if such is the case you can go for mutual consent divorce save your time and money and also demand alimony from him mutually. Please feel free to book consultation at https://kanoongurus.com/lawyer-details/dhananjay-ravikant-gangawane/304 to discuss the case.

Definitely you can file for the divorce. You can contact me for the best advice by booking a consultation at this link https://kanoongurus.com/lawyer-details/c-s-dalal/293 .Thanks in advance and wish you all the best.

How long has it been since you got married ? Is there any other grounds such as Desertion, Cruelty and so on ? Was the wedding registered ?

Ofcourse you can file for divorce under section section 13(1) of Hindu Marriage Act as your husband has committed adultery under section 497 of I.P.C and

Law doesn't permit Adultery. Extra material affairs amount to cruelty upon the spouse. You may file the divorce petition in the concerned judgeship for anulment of marriage.