Legal Question in Family Law in India

Divorce Dilemma

I have filed for divorce on the grounds of adultery on my husband and we have a 2 yr old child. My husband has apologised for his behaviour but i dont trust him. The court counselor suggested me to forgive him for the sake of the child and ask him to give it in writing that he wont repeat his behaviour again but i dont trust him anymore.Will his written statement have any validity. I also want him to give me and my child some sort of financial security. Will such kind of contract/undertaking be valid? If he still continues with his infedility even after withdrawing the petition, i shud b in a strong position even the next time i file for divorce. The thought of compromise comes to my mind only coz of the child as i want the childs future to b secured.Please advise what should i do?


Asked on 10/14/07, 1:34 pm

9 Answers from Attorneys

Yash Kumar Yash Kumar & Co.

Re: Divorce Dilemma

if he has given you in writing that he shall not do this infidelity again then this note can be taken as admission on behalf of your husband. on the basis of this letter, although this letter has no meaning for the sake of divorce, you can file a case for maintenance under section 24 of the Hindu Marriage Act and under section 125 Cr. P. C. please contact personally for further consultation.

Read more
Answered on 10/16/07, 3:04 am
Yash Kumar Yash Kumar & Co.

Re: Divorce Dilemma

if he has given you in writing that he shall not do this infidelity again then this note can be taken as admission on behalf of your husband. on the basis of this letter, although this letter has no meaning for the sake of divorce, you can file a case for maintenance under section 24 of the Hindu Marriage Act and under section 125 Cr. P. C. please contact personally for further consultation.

Read more
Answered on 10/16/07, 3:04 am
Yash Kumar Yash Kumar & Co.

Re: Divorce Dilemma

if he has given you in writing that he shall not do this infidelity again then this note can be taken as admission on behalf of your husband. on the basis of this letter, although this letter has no meaning for the sake of divorce, you can file a case for maintenance under section 24 of the Hindu Marriage Act and under section 125 Cr. P. C. please contact personally for further consultation.

Read more
Answered on 10/16/07, 3:05 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Divorce Dilemma

Written apology is not the remedy neither it does make your case stronger. In this case you may get divorce first by mutual consent as proving adultery is quiet tedious. And ask for a lump sum of amount for settlement.

Please contact personally in case of needs.

Professional charges are applicable.

Read more
Answered on 10/15/07, 2:00 am
G. M. Gupta gmguptaandassociates

Re: Divorce Dilemma

may god bless you for the good thinking and i totally appriciate your view.

the future of child is in ur hands and save it if u can and thank god you are doing right thing.

forgive the man but you can take financial security from him like property in ur name or in ur son's name. u can ask for bank balance etc whichever feels fine.

the written document that he is sorry for his acts is a good document and will help you if he did such thing again.

try to get the financial security before joining him but take care that u dont break the relationship in anger or for some other reason.

you can contact me for any clarification or help

Read more
Answered on 10/15/07, 10:33 am
Amit Shukla AS and Associates Legal Services

Re: Divorce Dilemma

Pls contact personally for advice.

Read more
Answered on 10/14/07, 1:43 pm

Re: Divorce Dilemma

Written apology has no value if he repeats the act in future nor it shall make your case stronger.It is most difficult to prove adultery in divorce case.You may opt for divorce by mutual consent.For security you may go for one time lump-sum settlement.In case of need contact with details.Professional charges rae applicable.

Read more
Answered on 10/14/07, 2:31 pm
Alok Sharma Alok Sharma & Associates

Re: Divorce Dilemma

I can only advice you on legal aspect.The written appolgey is meaningless. You know the man better than anybody else. If he is trustworthy or not. So far as child's future is concerned, he is bound to maintain you both. File a petition for maintenance for both. If you can prove adultry go for divorce. It is very difficult to prove.

Read more
Answered on 10/14/07, 2:43 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Divorce Dilemma

Well, you already have a counsel available. therefore, you have the legal advice.

the issue raised by you is purely personal. Only you make a judgement about character of your husband; it depend how truthful is he about honouring his promises; usually, these habits do not go; it is like a disease which hardly cured; moreover, day by day, you situation will worsen; you are not going to be younger; considering a long life ahead of you, it seems a better option to get rid of the person soonest possible so that you can think of your rehabilitation.

Your husband is responsibile for upbrining of your son and will have to make payment of maintenance. If ur husband is financially sound and stable, you should not worry about your son, his father will take care of him. therefore, please take a deckision considering the financial position of your husband and his character in honoring a promise.

Read more
Answered on 10/16/07, 11:00 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in India