Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Divorce

(Querist) 13 April 2014 This query is : Resolved 
Because of bad relation with my husband , i have fall in love with a guy . and my husband saw few messages between us and he told me to leave talking to otherwise he will spoil my image and spoil my family . As my parents are very old and i don\\\'t have brother . I got scared and i left him and i even stopped talking to him . I came back to him but then i realized he wanted to take revenge , from last 6 month he has torturing me physically and mentally . He don't even allow me to go out anywhere . But now he started beating me. I want divorce from him . But recently i visited advocate and she told that he has your messages so you cant do anything , he will spoil your career and he wont even give you divorce . I don't know what to do now ? is there anyway i can get divorce from him. Plz help me
Devajyoti Barman (Expert) 13 April 2014
It is true that messages made between you and your paramour makes your case weak.
But if you could prove that after committing mistakes your reformed yourself and took plunge in serious marital relation with your husband with met no reciprocation from your husband then you have some merit.

You have committed a proverbial 'sin', so be prepared to pay a price.
Dr J C Vashista (Expert) 14 April 2014
Better to settle amicably with your husband for a mutual consented divorce and live permanently with your paramour.
Your husband can hardly digest his wife to have illicit relation, he is right.
Sudhir Kumar, Advocate (Expert) 14 April 2014
settle amicably you are on the wrong side.
ajay sethi (Expert) 14 April 2014
if your husband is assaulting you physically lodge police complaint against your husband . . obtain medical certificate of nature of injuries .

if you want divorce file for divorce . it is doubtful your husband would have saved these messages till date . even if he has saved those messages you cant live in mortal fear that your husband will use them against you in divorce proceedings .
Rajendra K Goyal (Expert) 14 April 2014
Better try to have amicable solution to save your marriage. If your husband does not cooperate, no other alternate left but to lodge FIR for physical assault. If chances of mutual consent divorce are less, file divorce case.
K.K.Ganguly (Expert) 14 April 2014
1. It is not a fact that since you have fallen in love for some one else, your husband has got the right to beat you through out your life. The nature of the messages also plays a role in determining your involvment with your paramour. Just falling in love with other person from a distance when being regularly tortured by husband is not unnatural,

2. File a police complaint immediately against him u/s498A of IPC,

3. After that you can file an application for maintenance, when he may produce those messages to contest,

4. Meantime you can negotiate with him for mutual consent divorce.
Sunil Kumar (Querist) 14 April 2014
can anyone help me with an advocate who can help me in my case ? i am based in bangalore
malipeddi jaggarao (Expert) 14 April 2014
Ms.Kalpana
Before jumping into legal remedy introspect yourself first.
"Because of the bad relation with my husband, I have fallen in love with a guy" - Is it true? Even if you have bad relation - you should try to analyse the reasons for such relation and your role. You could have roped-in the parents/elders to settle the matters amicable for improving relation. Instead, you fall in love. Do not call it love, agree that it is lust. Nowadays the youngsters get used to accept pre-martial relations, but your case is extra-martial relation and you call it as love. Your husband has accepted you and allow you to live him, that shows he can reoncile if you behave properly. Suspicion under these circumstances is natural. You have to behave in such a way that you accept mistake and your behaviour should be such that you will not repeat it again. Instead of correcting yourself, you wish wage a legal battle. Yes, your husband can defend his case and make your life difficult. Hence, with a changed mind, have introspection and behave in such a way that builds up confidence in the mind of your husband that you will not repeat such acts in future.
T. Kalaiselvan, Advocate (Expert) 14 April 2014
The husband's consistent tortures cannot be tolerated for ever, you have to retaliate. Follow the suggestions made by some experts above namely Mr. Ajay Sethi and Mr. KK Ganguly. There is nothing wrong in seeking divorce from him either through mutual consent or other wise. About lawyer in Bangalore, you can send the details to my mail id, shall advise you accordingly.
ajay sethi (Expert) 14 April 2014
contact Mr Kalaiselvan for details of lawyers in Bangalore
T. Kalaiselvan, Advocate (Expert) 15 April 2014
Thank you Mr. Ajay Sethi for suggesting my name. Since I belong to Bangalore, I can handle the case at Bangalore myself should she contact me.
Sudhir Kumar, Advocate (Expert) 15 April 2014
I reiterate the views of Mr Jaggarao
Guest (Expert) 15 April 2014
Do you feel that because of bad relation with your husband you had an inherent right to flirt with someone else in your married life by falling in love with a guy? That is a clear case of adultery on your part.

Had you decided to make someone else your life partner, you could first have tried to get divorce from your husband.

As a sensible Engineer, you should have known, in married life, mutual trust is a must. Now since you have come back to your husband, you must try your level best to win the trust of your husband, otherwise make him ready for mutual divorce, as life of both the husband and wife would become the hell for whole of your lives.

Take the help of some mutually trusted person of both of you for patch up or mutual divorce.
malipeddi jaggarao (Expert) 15 April 2014
Thanks to experts Mr.Sudhir Kumar & Mr.Dhingra for supporting my views.
Guest (Expert) 15 April 2014
You are welcome.
Sunil Kumar (Querist) 15 April 2014
Thanks Mr. Kalaiselvan. I will contact you.
I don't want any more discussion.
Thanks a lot.


You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now



Similar Resolved Queries :