Want divorce from my cheating wife

On the ground of adultery you can file a divorce petition.  You will have to produce all the evidence what you have with you before the court to prove the adultery

Originally posted by : adv. rajeev ( rajoo )
	On the ground of adultery you can file a divorce petition.  You will have to produce all the evidence what you have with you before the court to prove the adultery

Thanks for your reply, but now there is a twist, I made this post in anger as I was running out of ideas, I talked to my wife again and now she came upo with divorce by mutual consent arrangements as we don't have any kids so that will not be a issue plus she said she won't ask for any alimony, she is doing it just to save humiliation from her parents and relatives/society and I understand that, she has whole life infront of her.

Is it a good idea and how to go about it, I hope its not some trick by her. Is it cumbersome process the whole thing is that I cannoit live with her in same house anymore and also I am not taking her with me this time. I want to have this process started when I am outside of India, what are the ways to approach it. 

If you have concrete evidence of her adultery, and if you have address of that other guy, make him co-accused and file  case under adultery.  You could not do much to wife, but that bugger will go to jail.  And no alimony to adulterous wife.  Bingo.  That is 1 part,  Other part is also very interesting, if your accusations of adultery are not proved, your wife can file case against you for failing to prove  your charges and you might end up in jail for 7 years, so if you are very confident of the evidences you have in hand, discuss the same with local competent criminal lawyer and move ahead.  If not, try to make wife understand the pain you are in due to her behaviour and lead happy marital life with her.  If you want to gather more evidence, hire services of private detective recognized by GOI.

You have two minds.  Dont be like that.  Once you take decision, let it be a well thought one.  If wife is asking for MCD, file MCD< you be free on 6 months time.  Grab it before she changes her mind again.

MCD filed under 13b, you may wish to appoint your own counsel, she hers.

No reasons for  getting MCD, like cock n bull story is a strict no no.  Its mutual consent divorce, no reasons need be explained, but for people who ask you, you and her may give a list of reasons why you both opted for divorce, during your free time who are prepared to listen to your kirro marro story.

Originally posted by : Helping Hand !
	If you have concrete evidence of her adultery, and if you have address of that other guy, make him co-accused and file  case under adultery.  You could not do much to wife, but that bugger will go to jail.  And no alimony to adulterous wife.  Bingo.  That is 1 part,  Other part is also very interesting, if your accusations of adultery are not proved, your wife can file case against you for failing to prove  your charges and you might end up in jail for 7 years, so if you are very confident of the evidences you have in hand, discuss the same with local competent criminal lawyer and move ahead.  If not, try to make wife understand the pain you are in due to her behaviour and lead happy marital life with her.  If you want to gather more evidence, hire services of private detective recognized by GOI.   You have two minds.  Dont be like that.  Once you take decision, let it be a well thought one.  If wife is asking for MCD, file MCD< you be free on 6 months time.  Grab it before she changes her mind again.

Thanks for your reply, indeed I am in two mind but still you have to give it to that we lived together for 4 years although she cheated but anyway I want to finish it peacefully. About address of that guy, according to her it was one time thing and they are not in contact and about evidence I have, its pretty clear I have their chats and images with me that speaks a lot. 

She will not change her mind about MCD because she is literally begging for it to avoid any humiliation and I am adamant that I will take divorce from her. But how to go about MCD, do we need to have single lawyer and what are the important things I have to consider to avoid falling in trap.

We can come up with many reasons for MCD I guess.

1.  Where is the trap?  2.  Engage an advocate and file MCD and get first motion recorded.  She does not want any alimony.  You get it recorded.  3.  After six months, you get second motion recorded and take divorce decree and go away.  If you doubt, she withdraws her consent within the six months interregnum period, or she will not appear in the second motion, then, after six months, you file divorce petion on the ground of adultery.  4.  To get divorce decree on the ground of adultery is not a child's play.  Abundant evidence is required to prove that affair happened after the marriage.  Prior marriage affair does not come within the definition of adultery.  At the most, if she goes back from MCD, what you lose is six months' period and in Indian courts, where the justice races with tortoise, six months is nothing.

Originally posted by : Adv. Chandrasekhar
	1.  Where is the trap?  2.  Engage an advocate and file MCD and get first motion recorded.  She does not want any alimony.  You get it recorded.  3.  After six months, you get second motion recorded and take divorce decree and go away.  If you doubt, she withdraws her consent within the six months interregnum period, or she will not appear in the second motion, then, after six months, you file divorce petion on the ground of adultery.  4.  To get divorce decree on the ground of adultery is not a child's play.  Abundant evidence is required to prove that affair happened after the marriage.  Prior marriage affair does not come within the definition of adultery.  At the most, if she goes back from MCD, what you lose is six months' period and in Indian courts, where the justice races with tortoise, six months is nothing.

Ok one more question this MCD has to be filed at the same city where marriage happened or it can  be any city currently I am in Delhi, so can we file for MCD at Delhi ?  

Helping hand

 "....That is 1 part,  Other part is also very interesting, if your accusations of adultery are not proved, your wife can file case against you for failing to prove  your charges and you might end up in jail for 7 years,...."

Could you please clarify on the above statement? If any one fails to prove the charges, can we file a case against them? Please shed some light on this.

Thanks in advance.

For husband, the case can be filed any one of these places: 1.  Where marriage has happened 2.  Where they last resided together or 3. Where wife is living at the time of filing the petition.

For MCD. You can choose your Lawyer and she can sign the documents too...Adv Chandrasekhar's advice is clear.....

@ Helping Hand - How can he lead a Happy married life....when ever he sees her..he remembers what all has happened.....and might be bothering as well....

If she really apologizes from the HEART and will not continue further and the guy has to FORGIVE and start a new life..

I like your Saying ---You have two minds.  Dont be like that.  Once you take decision, let it be a well thought one.