Forum Replies Created
-
Posts
-
P1. One-sided divorce – is Contested Divorce. She can file on the grounds of Cruelty. [https://divorcebylaw.com/best-contested-divorce-lawyers-in-bangalore/](https://divorcebylaw.com/best-contested-divorce-lawyers-in-bangalore/) It is not practical for her to file for a divorce now, as she is expecting a child and the courts may not entertain her claim considering that her physical and mental condition may not allow her to go through the process. But she can file a Maintenance Case under BNSS 144 asking for maintenance for herself and for her medical expenses. let her ask for interim maintenance also, which will be granted immediately. Let her go through the pregnancy and then file for Divorce later. Meanwhile collect the evidence for his cruel behaviour through chats, emails, video recordings etc.
2. If she wants to come out the relationship and doesn’t want any interference from her husband, she can only ask for divorce Or along with divorce, she can ask for one time settlement in the form of alimony. [https://divorcebylaw.com/maintenance/](https://divorcebylaw.com/maintenance/)
If she wants maintenance for herself and/or child support, she may have to keep the interaction with her husband continuing even after the divorce. He may claim that he wants visitation right to the child or joint custody or he can claim sole custody also, only to harass the wife. So, sadly, she may have to choose between the devil and the deep blue sea. If she can find a job and support herself, it is better that she claims a lumpsum amount as Alimony (compensation for all her suffering) and continue to live her life peacefully without her husband’s support. This answers your Question No. 2
3. Once the baby is born, I am sure her feelings will change. She may not be willing to give the child for adoption. It is too early to discuss on this.
**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.
PHe can divorce her as per Shariat, any of the Talaq that applies to him. Yes. there is an element that she may claim maintenance.Otherwise Ask her to agree for Mubarat (Mutual Consent Divorce). In this case, make her agree to state that there will not be any future claims.
Let him collect some evidence of her infidelity. If she doesn’t agree for Mubarat he can always use them when she claims maintenance or alimony. 2 years of infidelity must have some trail, let him gather.
He should also tell their families about her infidelity, so that she would face some resistance in filing false claims.
**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.
