Yes you have legal right to get divorce from your husband on the ground of adultery, as well on the ground of cruelty. You can seek maintenance & permanent alimony from him during the divorce proceedings as well permanent custody of both your children. You can also file criminal complaint against your husband for cruelty on account of his illicit affairs under section 498A Indian Penal Code. You can also ask for right to residence, maitenance & protection from him against any domestic violence under the recent domestic violence against the married women Act. These are briefly few of the legal options you have. For more details write to me directly.
2007-03-09 00:52:01
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answer #1
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answered by vijay m Indian Lawyer 7
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Only you can really answer this.
First, talk to a lawyer. Just to keep things safe for you in those areas.
Also, talk to him. When I was young and single I was sure that if a man cheated on his wife, she should leave him. There are lots of fish in the sea. But with two kids, it makes it something you should not take lightly. Statistically speaking, most men cheat because the girl/woman made him feel special, attractive..and doesn't nag him. Just to put that out there.
Not to be rude, but you need to look at what you have done or not done. There is NO reason for cheating, no pass to anyone, ever! But I always say that when you point a finger at someone, there are four pointing back at you. And that you only have true control over what YOU do or did. You know what I mean?
Perhaps things can be worked out. Perhaps, after you talk together, possibly with a counselor if that helps, you two will decide the marriage can be saved, that it's worth it. To toss it away for sex, is wrong. For him to toss it away, or for you to.
2007-03-09 00:14:55
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answer #2
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answered by WriterMom 6
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I once read somewhere that affairs are started because husbands don't believe they can talk to their wives anymore so they confide in a friend who turns into more. If you seriously want to give it another go with him find out why he can't talk to you and maybe start again using a common interest to build your trust again.
But here's what I think...
He obviously doesn't respect you for you who you are which is his loss. I know it will be hard but walk away (chuck him out!!) you are better than him. And surely your kids would rather you left him than suffered and was unhappy. I'm not sure about the legal rights but you don't know unless you try. Good luck and there are plenty more fish in the sea (ps. you may want to cut up his clothes, always good for a laugh!!)
2007-03-09 00:13:17
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answer #3
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answered by me m 1
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10 years ago, I would have probably answered : file for divorce !!!
Today, if I was to find out ... I would think twice about it !
With children ? Think it over 3x more !
But the cheating part aside for a brief moment; do you love him ? is he a good husband (f.e in front of others, not abusive, when you are alone ?), is he a good father ?
is he supporting the family (the best way he can)...?
Maybe it is just an episode ? Something that happened, but does not have anything to do with emotions...maybe....
Of course, it is no excuse for cheating, you are angry and hurt, the picture of your "love story" got another face ....that is true and no explanation makes it easier for you or less painful !
But you have 3 reasons to find out whether their is a chance to stay together, to find your love for each other again and to forgive (in time) : your 2 children and yourself.
If not, there is always time for divorce !
2007-03-09 01:01:44
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answer #4
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answered by Anonymous
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im going thru this 2. my husband of 6 years cheated but with a family friend. he confessed everything tho and apoligixed so for the sake of my 2 small babies he has a second chance, his only one tho if he screws this up im taking the kids and im gone. he knows this and has since done a complete 180. i just hope it lasts and he is one of the 10% who actually truly repent and never cheat again. in your case it would depend on how long was the affir if he confessed, how good a father he is, ect. so i cant really say. all i can say is if you give the second chance it is really hard. well its only been less than a month in my case but i think about it everyday, and it kinda makes me crazy cause he wants to act like it never happened and therapist agrees with that.
2007-03-09 00:20:38
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answer #5
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answered by maylene1852 4
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Husband's sexual relations with another lady is not an offence of cheating punishable under section 420 Indian Penal Code. If he has sexual relations with any 16+ girl with her consent, it is absolutely no offence in any Indian Law, unless she is in wedlock of somebody and his sexual intercourses are without consent or connivance of her husband. Even though, her husband alone is competent to prosecute him: neither police nor wife. His such sexual relations with other women lack the standard of mental cruelty to constitute an offence U/s 498A Indian Penal Code. However, on proof of his adultery by cogent evidence of witnesses to the satisfaction of the court, she may get divorce but will not be his legal heir to inherit. If she cannot maintain herself and he has sufficient means, he shall pay for her maintenance expenses.
2007-03-09 05:26:17
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answer #6
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answered by Anonymous
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First: confront him; make sure that he is indeed having an affair. If he is, go to the doctor and get checked out; make sure he hasn't brought "anything" home. Next, I would contact a lawyer and start divorce proceedings. Be prepared for anything; it can be very nasty and it will be especially with children. You deserve a loyal husband; don't sell yourself short. And, don't blame yourself; if he's cheating... he's in the wrong!
2007-03-09 00:13:40
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answer #7
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answered by Frankie 1
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if u can collect concrete evidence, u can file case against him. but do u really want to do that and break up after 10 years.
try to understand that man have tendency to stray and reasons could be domestic or just for fun means no specific reason.
if the former is case he can always amend if u try to find the solution. in the later case also he is most likely to listen to u as he still, i m sure, is in love with u.
if nothing works harsh action are always avaialble and they r perhaps easier that softer option to save ur family.
2007-03-09 00:13:39
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answer #8
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answered by Kumar 5
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Well cheating is always a difficult thing to contemplate. Why do some do it and others avoid at the risk of death. Statistics tell us that about 50% of all men have cheated and about 63% of all women, at some point during their life. I think that indicates human nature, not sin or weakness, so do what you want, but i don't ultimately think its the end of the world should either party have a little sex on the side.
Yes he is cheating, now ask yourself is it worth the end of your marriage? You could sue him but do you want to?
2007-03-10 10:12:37
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answer #9
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answered by Boston Bluefish 6
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get an attorney, if u live in the states the courts really don't care anymore what a person does. but i would not stay with him, yes u have every right to leave him, and sue for child support, but the courts don't care what one does anymore here in the us. u just need to get out of the marriage, nothing worse than a cheating spouse.
2007-03-09 00:30:25
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answer #10
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answered by jude 7
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