rajdeep (lecture) 01 February 2012

How to proceed for divorce

Hello Sir /Madam

I need advice how to proceed for divorce. First of all i will give you brief history about my self . I am 36yrs old woman married for last 10 years having two kids. I am govt employ working in education department for last 3 years. For last two years my husband his having affair with woman. This woman is already in legal battle with her husband for divorce. He talks to on phone with her for many hours and frequents her place too. I have old phone call details of my husband in which he has spoken to that women many times. I have confornted my husband and he says you cannot prove adultery as he has not been caught with her. On 23 dec i saw his vehcile parked outside that womens house. i called him up and he said he was not in town and when i told him that i am standing outside that lady house and their was no point in lying. he came out got angry and hitted me. I did not seek any medical advice nor did i file FIR against him. Now i have made up my mind not to stay with my husband as he will never mend his ways. I met lawyer and he told me that their is no ground for divorce as he has not been caught redhanded.His phonedetails i have are one year old and now he hasblocked his phone details. Also to mention my husband has criminal record too .He was involved in criminal activity and has case still in the court. Lady shusband had also filled petion in court that his wife is having affair with my husband. Please advice me how to proceed in getting divorce from my husband.on this issue i had fight with my husband and my inlaws had thrown me out of the house.My husband has never finically suppoted me from day one of my marriage,instead i was taking care of my inlaws.

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7 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 01 February 2012

You can file a case against your husband.

Also, in the said case, his relations with that lady can be curelty against you.

And phone call details can be gotten by the court of law itself.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

1 Like

Shantilal Pandya ( Advocate) 01 February 2012

you can file divorce petition on ground of having s*xual relations with another woman even for a single time , you have also a ground for cruel treatment by your husband ,, success or other wise of proving depends upon reliablility of evidence you lead in the case , it is not necessary that adultary can be proved by direct evidence only , it can be proved by indirect evidences also , circumstances and behavoiour of your husband may be useful in proving adultary , it is hardly possible that the direct evidence of adultary is available , by very nature it is so the courts should also take into consideraration while weighing oral and documentary evidence if there be any how ever circumstantial evidence should be pointing to the guit of the offender , some points may be added that the proceeding is of civil nature and therefore very high degree of proof is not needed for the purpose it can be proved by prepondurance and probabilites the quality of evidence should be of the nature inspiring confidence so as to be accepted by the court .

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 02 February 2012

But s*xual relations has to be proved sir...

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

1 Like

Shantilal Pandya ( Advocate) 02 February 2012

can be proved by indirect evidence including circumstancial probability

dr.pawan rajyan (member and secretory) 02 February 2012

IF HUSBAND IS READY FOR DIVORCE THEN FILE FOR MCD IF NOT YOU CAN GET DIVORCE EASILY ON CRUELITY GROUNDS.IF YOU CAN PROVE(STRONG EVIDENCE) HUSBAND CANBE CHARGED FOR BIGAMY.

Elavanatt Rajesh (Practitioner) 02 February 2012

After all you have lived 10 years together, why dont you ask elders to settle this issue, if after elders interfearance also your hubby wont change, then you can proceed through legal action. You can file a case for divorce, calling a person and that detail will not be a proof that he has s*xual affair. If you and your husband both are willing to live seperately, file a case and ask the court to refer it to lok adalat , to make your case a shortest one, so that you both will be counselled and you can easilly get divorce.

elavanattlegalservice@gmail.com

K.P.Satish Kumar (Advocate) 03 February 2012

In Proving adultery is difficult in court. Just having phone calls and talks to some lady is not adultery. Adultery is continous act of having extra martial relationship. So you proceed to file on the grounds of cruelty, if stong evidence then along with adultery.

K.P.Satishkumar M.L.

Advocate Chennai

https://yourdivorceadvocate.blogspot.com