Struggling to get divorce
Balaji
(Querist) 15 December 2017
This query is : Resolved
Dear Experts,
I got Married in June 2008, My wife with Adamant Character and Affair with her Colleague. Lived with me only 15 Days.
For Small things she quarelled and Create a big issue and ran away to her mother's house.
She wants to Live a Independent freedom Life, and not to bind with family responsibilities and honor.
Till Date she wants to enjoy freedom, Going outings and enjoying parties and movies with her Friends.
For Name shake and eyewash to the society, she is using my name as husband.
Myself, family and relatives advised her enough, but she never change her character,
Beyond to a certain extend she hides many things from me and family.
Beyond certain limit, I Applied for Divorce, even after 5 years, I am unable to get divorce.
She filed a Counter Petition for reunion, But it is for name shake only.
As I mentioned, the major ground for Divorce is Adultery, They were asking to submit proof for it, How Can i Prove it.
With the ground of Seperation more than Nine years, and as an Hindu Wife, She doesn't discharge any of her duties, incl. Sex.
At least for Proving the above, what type of Documents, I need to Submit,
My Aged Parents also suffered a Lot in this Tragedy.
Please advice on the above to get Divorce as early as possible.
Regards
Balaji
Guest
(Expert) 15 December 2017
Pleasantly and politely discuss and better plead with her and go for Mutual Consent Divorce which could be completed in 6 month.Also seek the help of elders respected by both.
Balaji
(Querist) 15 December 2017
In past 9 Years Myself and Family elders tried that too, N number of times. But she is very Adamant, She Doesn't respect elders, Beyond a Limit she acts and ask for reunion infront of the society. But She wants to Live a freedom and Neutral Life without family responsibilities. Every Fifteen Days to one month of Gap our elders and relatives Trying for Mutual Divorce, one after the other, but no response from her end.
Guest
(Expert) 15 December 2017
Better discuss with local advocate and file for divorce with valid grounds and evidence please
Guest
(Expert) 15 December 2017
The facts mentioned by you confirms that your divorce is not going to be that easy.
Guest
(Expert) 15 December 2017
Courts will not accept Adultery with out valid evidence
Guest
(Expert) 15 December 2017
Only your pleasant and polite pleadings with her on saying please could convince her for MCD.
Vijay Raj Mahajan
(Expert) 15 December 2017
Ground of adultery for divorce is most difficult to prove and this was biggest mistake on your as well your lawyer's part to make this ground for divorce. Whatever you stated in your facts, better option for divorce was on mental cruelty, but unfortunately with wrong advice you went ahead ground of adultery for divorce.
The adultery for divorce is possible if the spouse enters in sexual relationship outside marriage and you have no proof of your wife doing it and still you mentioned the ground of adultery for divorce on mere hearsay stories.
The wife was moving out socially with other men doesn't amount to indulging in sexual relationship with other men outside marriage and even if she was you have no proof of all that with you.
Keep on waiting for more years and you will remain in same square 1 where you started for divorce with your sensible advocate and other legal advisers.
P. Venu
(Expert) 16 December 2017
Yes, your approach to the issue was rather confused. You need to reassess the situation and try to sort out the grain from the chaff!
