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Is adultery a criminal offence now? And if not can I claim alimony in future from the cheating spouse

I came to know about my husband's affair after going through his phone. Since a few years his behaviour towards me was very off and caused me a lot of emotional trauma which lead to me spying on him.Since I found out about him, I left him the next day and shifted to my parents house along with my son. I want a mutual separation from him but what will be the scene If he doesn't want to give divorce. How long do I have to wait and how much alimony can I claim
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Divorce
Posted on 2nd Oct, 2018
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Advocate Ratnesh
Answered on 22nd Dec, 2018
yes you can get alimony from your husband apert from your husband adulterious behaviour.but to get alimony you need to file divorce and to get alimony you need to file maintainence
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Advocate Koushalya
Answered on 3rd Nov, 2018
Hi, if your husband is not looking after you even though your staying in his house even then you can claim maintenance from him and as you want to get separated from him, you speak to him that you want to go mutually and even if he don't agree you have many option to claim maintenance from him. 1. you can file domestic violence case under section 12 of the Act and you can claim in that shelter and basic necessities and medical expenses. 2. you can file maintenance case under section 125 of code of criminal procedure to claim for you and for your child. call me for further details
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Advocate Arpit
Answered on 15th Oct, 2018
No, still you can claim maintenance and file for divorce.
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Advocate Adv. M.A. Shaikh
Answered on 14th Oct, 2018
No, you can file aa domestic violence Case against him mentioning all the facts.
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Advocate Anuj
Answered on 8th Oct, 2018
Firstly, securing a divorce is your legal right if you are suffering from emotional trauma caused by the acts of your husband. It cannot be denied. Secondly, if it has anything to do with his affair with another woman, he can be prosecuted under Domestic Violence Act where you will also be awarded maintenance. Additional maintenance can be claimed under Criminal Procedure Code which will be over and above the compensation paid under Domestic Violence Act. The quantum of alimony is based on the paying capacity of the spouse and fixed monthly expenses of the claimant.
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Advocate Ashish
Answered on 3rd Oct, 2018
Hello, Yes after the recent judgement of the Supreme Court, Adultery is not an offence but still a ground for divorce. You can seek divorce from your husband on this ground but you need to gather evidences for that. If does not wish to give you divorce mutually then you can contest divorce case alongwith other cases like 125 CrPC, Domestic Violence and 498A IPC so as to pressurize him to give you divorce as you have a weapon of claiming maintenance from him even after divorce is granted by court to you still you can claim maintenance because you have the custody of the child. For detailed discussion you can call me at 9968067817. Regards
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Posted on 11th Aug, 2019

How to avoid alimony

Sir/Madam My marriage date was 23 Nov 2016. After that we lived happily. But suddenly my wife left my home and eloped with her old boyfriend (which I came to know later) on 28 February 2018. I filled a missing complaint on 1 March 2018 on nearest police station. After lots of request and pressure police brought her on 27th April 2018 with a lawyer. At police station she justified her elopement by accusing me for giving her torture. There she agreed to give mutual concent divorce. After that she left police station with out giving any contact details or whereabouts. When ever I contacted her lawyer he asked me to finalize her alimony. Feeling something wrong I filed a criminal case against her and her's boyfriend. After that I filled a divorce. At criminal case her father and mother acknowledge about elopement at court trial. Gave statement against their daughter. After that court issued NBW against her and her boyfriend, it was sent to local police station. After repeated request to SP, he talked with my wife but refuse to bring her. Also her lawyer filled divorce at local family court. Also asking for alimony to clear it. Note: 1) our relationship was very good till she elope. Now suddenly she accusing me everywhere and giving false statement to justify her elopement. Her father mother including every family member of her support me. 2)from her elopement nobody able to contact her. Only medium of contacting her is through her lawyer. That's why nobody from our family or her family able to talk with her not even once. 3) even if she eloped with her boyfriend she refuse it and tell everyone that she staying individually. Boc'z of non communication we are unable to know the truth. My Questions: 1) what to do if she demand for alimony? How to avoid it? 2) despite NBW issued police is unwilling to bring her and that boy to court. Is it justified, is it not contempt of court? 3) she has written so many false things against me can I file defamation case against her, if situation goes bad? 4) can I request family court where she filled divorce to shift where I filled my divorce case?
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Divorce
Posted on 10th Aug, 2019
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