Can I separate from my husband without divorce due to infidelity?
Can I separate from my husband without divorce if he drinks daily, doesn't return home at night, sometimes comes home in the middle of the night, and has a relationship with another woman?
You can separate from your husband without filing for divorce. You can file for Judicial separation is provided under the Section 10 of the Hindu Marriage Act 1955, based on the grounds of cruelty, adultery. It is required to provide certain evidences such as photos or messages and the witnesses who have seen the behavior of the husband involved in such acts such as drinking daily or seen him being with another woman.
Yes, you can separate from your husband without divorce according to Indian law, especially having given circumstances you described. You may seek judicial separation. Judicial separation under Indian law allows couples to live apart even while married, and grounds for judicial separation include desertion, cruelty, or adultery, which may apply to your situation. Alternatively, you can create a separation agreement amongst yourselves to detail living arrangements and responsibilities without judicial intervention. It is highly recommended that one seek the opinion of a legal expert in ascertaining one's rights and the best step to take given one's circumstances.
Ma'am, you cannot separate from your husband without a divorce; however, there is a provision for living separately. You may also seek maintenance from him. If he is having an affair with another woman, it constitutes adultery, and on the grounds of adultery, you can file for divorce. For further legal assistance contact us on our helpline number.
Related Questions
24x7 Help
If we fall short of your expectation in any way, let us know
Payment Trust
All refunds come with no questions asked guarantee
