divorce

Querist : Anonymous (Querist) 16 September 2010 This query is : Resolved
Dear Sir/Madam,
My wife was engaged with someone before the marrige even after the marrige she had even physical relation with him and me.
she gave a birth to a child 2yrs ago after the birth she started staying with him and never returned but that person is not accepting the child.now my wife wanted to put the child in the orphanage that i refused.after then she claimed for divorce from me or telling to keep the child i am ready for that.she claimed for maintenance that i refused.
can i refused for the divorce even when my wife demands in court?
i want she should foster the child weather stay with me or stay with her boy friend.
My age 45yrs
wife age 39yrs
boy friends age 32yrs person is already married but rich enough giving money to her family that i cannot give.
kindly suggest me can i refused for divorce
even if she demands.

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Amita Chaudhary (Expert) 16 September 2010
well she cannot file for divorcee as the ground of divorcee are very limited and in case she makes up a story you can still contest the same and not agree to divorcee in court. she being the erring party cannt take advantage of her own faults and take divorcee.. she cannot even ask for maintenance as you are ready and willing to keep her with you and she is not staying with you out of her own will...

n.k.sarin (Expert) 16 September 2010
Mr. anonimous Ms. Amita advised very well.I don't think why are you not interested in divorce and want to keep an unfaithful wife,who can create a big problem for you and your family in future.

s.subramanian (Expert) 16 September 2010
I agree with Amita

M/s. Y-not legal services (Expert) 16 September 2010
Yes.. Agreed with amita. Whats your problem to give divorce to your wife.. You may lead a peace ful life know..

Devajyoti Barman (Expert) 16 September 2010
I too agree except the part that since you are ready to keep your wife she can not claim for maintenance.
As your wife will allege something , whetehr true or false, the court before deciding that will grant her maintenance. The mere offer to keep the wife is no ground for rejection of maintenance.

Khaleel Ahmed (Expert) 22 September 2010
As per your stated facts, that she is living in adultery. She herself confessed the physical relation with her boy friend.Further you wanted her to keep intact with you. It is bizzare. You are advised hereby settle the matter in presence of elders.Prove her physical relationship with her boy friend , court can not grant any maintenance from you.Leave her and start new life with some one, tension free.

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