India  |  Family Law

You have started your question with a great clarity but in the end seems to got mixed up. If your question is whether or not you should go for divorce, then, it is purely a private decision. But, saving a marriage is a good thing. Your child is just one and a half year. the child has to undergo lot of trauma, which if can be avoided must be avoided. You may talk to your husband about it. If he does not mend himself you may go for divorce at that time. Your proof, even if they are related to 2008 and 2009 and they still would hold good. Flirting with another girl causes mental cruelty and that act does not die. So your cause of action for divorce is continuing.

Once you decide to divorce him, you may straight way file for divorce and in this case you have two grounds - one cruelty and the other adultery. For the ground of adultery you will have to make girl also a party in the same case. If you do not want to go for the ground of adultery, then you need not make the girl a party in the case.

You may ask for maintainance for yourself and the child including his education expense