Legal Question in Family Law in India

If a wife deserts her husband and is living with another man and has a child through that another man. She is separated for more than 8 years. On what grounds can the husband file the divorce case?? At such situation does he need to pay Alimony to this woman? Please note she lived with the husband for a week only and has no issue through the husband.


Asked on 9/09/10, 3:32 am

2 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

The husband may seek divorce on the ground of adultery. If the allegation is proved, alimony may not be ordered; however, till then, she may be entitled to maintenance. You may also seek criminal prosecution of the man with whom she is living.

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Answered on 9/09/10, 10:19 am
Vishwa Arya Arya & Co.

but you must make the other man a party in your case for divorce. You may not even have to pay any maintainance u/s 125 Cr P C or 24 HMA, if you could show that she has lived with you for a wk and with other person for eight years

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Answered on 9/11/10, 5:50 am


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