- This topic has 34 replies, 23 voices, and was last updated 1 year, 1 month ago by
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SSo my friend is going through terrible tragedy. Her husband cheated on her. She has 18 month old baby. She went to court and filed for divorce. She has proof of him cheating.
But two lawyers she consulted said that Adultery is no longer crime in India. All she can get is just child support, no alimony. She earns more than him.
Feels wrong. What can she do? Lawyer on both sides recommending out of court settlement, because claiming civil damages will require proving adultery. And according to them it is very difficult to prove in court, case will get dragged for years.
Can somebody shed light or share suggestions please? Thank you
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IIt’s true. You can either put years behind getting this guy face hardships for what he did. Or you can get rid of him and move on.
Right now it is natural to feel that he must pay for what he did. And it always will feel that way, but going into a case like this, will not only halt your life but will become a drag on it.
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GIt is the only option as proving adultery is difficult and if she earns more she will not get alimony. Yes it is immoral and wrong but adultery in respect to men cheating on with another woman was never a crime in India, it was in respect to wife having consensual relationships with other men, that other men was to be held liable and not vice versa anytime telling you otherwise have not studied law properly.
Out of court settlement is good option and then simultaneously apply for mutual divorce and have to appear 6 months after and divorce will be finalised. Child support she will get but child support also can be measured on various grounds and go in crores as well.
Does she have her jewellery she got from in laws and her parents, as it counts as her stridhan and she is the one who should have legal possession over that.
Yes, pendency in the court is huge issue and lawyers do take a lot of adjournments to keep the cases going for a longer duration of time as they get paid by per hearing but those who have fixed price they don’t try to delay the proceedings. The procedure is really tiring and honestly no amount of mental harassment is worth it.
Once the proceeding will start and then after documentation and everything chief and cross examination of both the parties is done ( mentally exhausting) and till the time judgment has come, your friend’s precious 3-4 years are gone.
Sorry your friend has to go through so much but she still can avoid the courts procedure and try to find the mutual ground to part ways with her husband.
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IDon’t get me wrong the guy did wrong but if you are earning enough money and he’s providing for the child support why are you guy so fixated about money. You leaving him and leaving peacefully would be better right. I saw this in 3-4 posts now hence curious if anyone can answer. Am I missing something.
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SIt is not about money. She naturally wants some punishment to him and damages. This is human nature. I know there are people who turn into business and we have seen extreme cases of women abusing the system. She just wants to know what’s her best options. She deserves advice fullest to her benefit and satisfaction
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CMurder betrayal deceit are all human nature
So is forgiving kindness moving on.There is a reason the aggrieved is not the judge.
Nobody deserves advice/discouragement till the extent of their likes or dislikes spectrum. Advice is a bitter pill.
When you say she wants to know her best options you mean she wants to know
1. what’s the consensus of people giving advice filing for alimony.
2. What’s the consensus of people giving advice how much can her friend lowball the guy and get away with it.Sadly, any consensus out here isnt accurate in the real world. There are many potryaing to have views inimical to how they and their families operate in the real world. But project a reality which they think they might want to live in. Or use, it as grounds to ally with aggrieved or folks who think of themselves as victims.
Or, someone may have bought in to this. -
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PI know she is mad and wants him to get his karma for cheating. But her leaving him is the karma for him itself. He’ll surely regret doing what he did and your friend needs to move on, have a glow up, find a much better man. That’d be his karma.
And yeah it’s true as of 2018, adultery is legal in India, sadly.
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AWhat feels wrong? If she earns more than him, he can file for alimony here.
Alimony isn’t a tool to take revenge. It’s a valid right put in place to make separation easier on the financially weaker partner (usually women).
Sucks that your friend got cheated on, but don’t misuse laws to take revenge.
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AGo for out of court settlement else pigs enjoy mudsledging. If you still wants to punish file some cases of domestic violence, dowry etc. but that all will come with a cost.
Leaving peacefully with child support is the only option and removing his surname from her name and chile is another way to punish him.
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SI haven’t asked her about it, will do. She doesn’t want to live with him anymore, that’s her final decision
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NThe lawyers are right. It’s better to get divorce via mutual consent and agree on the terms of settlement during the mediation discussion. Sign the agreement and get the divorce.
These things need to be handled calmly. At this point the mother should think the most about her child. Clearly the father didn’t think about his child, so it’s clear who is the smarter one hear.
The mother must think about her child and get it done with as little commotion as possible.
With children in equation, a divorce affects a child the most. It’s better to leave peacefully and spending as little in legal charges as possible, as she will now need to save for hee child’s future. But do try to get some amount from the father for the child’s maintenance till child turns 18. -
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POpinion
Ugh this is why I hate that it is not a crime. Its literally emotional abuse. Yeah sure “the government will stay out of this” but dude its sad that pathetic people like this can freely marry AND do whatever they want without consequences.
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P1. Adultery is no longer a crime, BUT STILL A GROUND TO SEEK MATRIMONIAL REMEDY. She can seek contested divorce on the grounds of adultery and cruelty. [https://divorcebylaw.com/best-contested-divorce-lawyers-in-bangalore/](https://divorcebylaw.com/best-contested-divorce-lawyers-in-bangalore/)
2. She can still ask for alimony for all the pain she is going through. [https://divorcebylaw.com/maintenance/](https://divorcebylaw.com/maintenance/)
3. She can still file for child support.
4. What is out of court settlement here? If they are referring to mediation, it is fine going through mediation to get the issue resolved quickly. but doesn’t mean that she has to compromise on every aspect. She can ask for alimony even if it is through Mediation.
5. She can change the lawyer, if she feels she’s not advised or her interests are not taken care of.
6. If husband doesn’t agree for her terms & conditions of Mutual Consent Divorce [https://divorcebylaw.com/mutual-divorce-lawyer-in-bengaluru/](https://divorcebylaw.com/mutual-divorce-lawyer-in-bengaluru/), she can file for contested divorce.
For further guidance she can consult us [https://g.co/kgs/wW9E6Gm](https://g.co/kgs/wW9E6Gm)
**Disclaimer:** In the absence of all the facts of the case, the comments given may not be the best solution for your case. One on one consultation with a legal counsel/ advocate is advised to get better guidance.
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