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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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Advocate Ratnesh
Answered on 22-Dec-18
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 03-Nov-18
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 15-Oct-18
No, still you can claim maintenance and file for divorce.
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Advocate Adv. M.A. Shaikh
Answered on 14-Oct-18
No, you can file aa domestic violence Case against him mentioning all the facts.
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Advocate Anuj
Answered on 08-Oct-18
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 03-Oct-18
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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