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(Guest)

Getting divorce when husband is reluctant

Hi,

I'm 35 years old male. It was about 5 years ago, my colleague (Female, married, 35, working) was having a tough time with her husband. Her husband used to physically assault, abuse her. She was mentally preparing for a divorce. When she conveyed this to her husband, he said, he did not care. In that difficult phase, we both fell in love and eventually developed physical relation. 2 years later, she became pregnant (according to her it's by me and I also agree). At that time she used to stay with her husband. Now she has a baby girl (about 4 years).  Since last 2.5 years, her husband has changed his attitude and does not want the divorce. But she is mentally prepared for the divorce as she does not love that person and many incompatibility issues. Since the time she got pregnant, they never had a physical relation. When ever she talks about divorce, her husband blackmails her by saying the he would commit suicide. He knows that he is the father of the child (but not sure if he actually loves the baby girl or not because at the time the girl was born, he and his family could not accept the girl child). Since very tender age , I've given the fatherly care and love to our daughter. I fulfilled all her needs as a father as her husband used to stay abroad and used to visit after 3 months.  However, we want to marry each other and this she conveyed to her husband but still he is adamant. The problem is that,  she has no feeling left for her husband and whenever they stayed together, there has always been some spat.  We plan that after the divorce, we'll gradually tell him the truth. Having said all these, I've three queries:

1) Can the husband cause any legal harm to any of us with the stated situation?

2) How can she get the divorce ? Would it be difficult if the husband does not go for mutual divorce? She does not want anything from her husband.

3) Can the husband claim for the child's custody?

 

Please help!

Thanks in advance. 



Learning

 10 Replies

Hemant Chaudhary   30 October 2017

Hi, it is not advisable to disclose him about being you the real father of child , as he may file FIR against you for commiting adultery with his wife ..2) of he is not willing to give divorce , the only way to make him do is by filing of criminal cases on him by his wife , so that he arrives at a compromising settlement ..kindly contact fr detailed consultation ph:- 9654062181

Adv Radhika Mehta (Advocate)     30 October 2017

Originally posted by : vijoy rastogy

1) Can the husband cause any legal harm to any of us with the stated situation?

Yes. Against you, he can initiate criminal proceedings.  Against his wife, he can either file for Divorce on the ground of adultery or he can defend the Divorce Petition filed by the wife and ensure that she does not get Divorce. Therefore, do not under any circumstance, disclose about the affair to the husband. 

2) How can she get the divorce ? Would it be difficult if the husband does not go for mutual divorce? She does not want anything from her husband.

She can file a contested Petition for Divorce. 

3) Can the husband claim for the child's custody?

Yes he can.  And if he is able to prove that the mother is unchaste and/ or indulging in immoral activities which is not in the interest and welfare of the child, she may be given the custody too. 


(Guest)

Thanks for your reply. Given that the husband does not know about the relationship, I've a few more queries.

1) can he convince the court for a DNA test (as she stayed with him when she conceived)?

2) what it takes to prove the mother is unchaste? 

3) what is the court's stand when the wife does not want to stay with the husband for the above stated reasons? Plz note, she wants the divorce without any maintenance.  

Please suggest.

 

 


(Guest)

(Guest)

You will go to jail.  You have all teh qualitites to apepar on national tv.  You will be certified rapist after jail term.

1 Like

(Guest)

With a child in hand and lover by the side, even if she applies for divorce, court wont give her  divorce.  On top of it, there is headache of the child, plus you will be gagging for it, no dobut sooner yours too will be in the line.  Her first child, your child, his child, custody case.  This is all beginning of a big headache for all eternity.

Property  issues, alimony issues, jail rounds, court rounds will be order of the day for you or him or her.

Where is this society going to?

Bali Bhutto   31 October 2017

Saale harami mother chod. You found a family in difficulty and you took advantage of the woman to satisfy your physical hunger. And you also impregnated her. Tere jaise madar chod ko to chowk pe ulta taang ke kutton ki tarah patthar marne chahiye. Kitni zindagis barbard ki tune suar ke bacche? I'm sure teri moma bhi aisee hee hogi and tu apne legal puppa ki aulad nahi hay but njayaz baccha hay jo teri mama ne padosi ke saath banaya. Wahi gun tere may bhi aa ghaye apne asli baap vaale. Mar ja saale.

Bali Bhutto   31 October 2017

Originally posted by : Adv Raj Malhotra
You will go to jail.  You have all teh qualitites to apepar on national tv.  You will be certified rapist after jail term.

Yes. And he will get penis in his ass also from hardcore jail prisoner who are also hungry for s*x, just like this mother chod was hungry once and break a family.

Bali Bhutto   31 October 2017

Tell him the husband that you are a mother chod and the wife is a galli ki randi. Then he will kick out both of you. But haan I know, you would also be thinking of getting money from him alimony and maintenance so you can enjoy his wife and also enjoy his money. Saala bhadwa.

Avinash Krishna Goswami (Law Student )     31 October 2017

1) Can the husband cause any legal harm to any of us with the stated situation? 

Sol- Yes the husband can go for the criminal proceedings against both on the ground of adultery and cheating. It is advisable that the matter is not disclosed.

2) How can she get the divorce ? Would it be difficult if the husband does not go for mutual divorce? She does not want anything from her husband.

Sol- By mutual consent divorce is difficult in this case but in a she can file a contested petition for divorce. Trial will initiate accordingly.

3) Can the husband claim for the child's custody?  

Yes the husband can claim for the child's custody since both of them are still under the marriage as per law. The mother of the child can claim for the custody when it is proved in the court that the husband is not capable of handling the child. 

4) can he convince the court for a DNA test (as she stayed with him when she conceived)?

Sol- If he is able to give enough evidences in the court and hence proves that there is a requirement of DNA test and the child is born out of illegal affair.

5) what it takes to prove the mother is unchaste? 

Sol- It depends on the evidences proved in the court in individual capacity. 

6) what is the court's stand when the wife does not want to stay with the husband for the above stated reasons? Plz note, she wants the divorce without any maintenance.  

Sol- Contested Petition for divorce will be filed by wife. In this case, mutual consent can not be taken.

For further queries contact. 


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