Legal Question in Family Law in India

Under the provisions of Hindu Marriage Act, 1955, you can file a petition for divorce against your husband in the district court. The specific Section in the said Act is Clause (i) of Sub Section (1) of Section 13, according to which Any marriage solemnised, whether before or after the commencement of this act, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party - has, after the solemnisation ofthe marriage, had voluntary sexual intercourse with any person than his or her spouse.

Togetherwith this petition, under Section 24 of HMA, you can file a suit for maintenance pendente lite and expenses of proceedings for divorce.

Simultaneously, you alongwith your son have the right to claim maintenance from your husband under Section 125 of the Code of Ciminal Procedure, 1973 which is a criminal provision.

I agree with the above opinion. Besides, you are also entitled to take appropriate action against him under the Domestic Violence Act and seek appropriate damages as also criminal prosecution.