Xdude Cool (Service) 25 May 2014

Adultery

Hello

I am neither a lawyer nor a law student. I am just a common man asking for justice. My case is as explained below:

I reside outside India with a family. I have 6 years old son who studies here. I discovered that my wife had an extra marital affair with a person from our common contacts and have gone upto maintaining physical relationship with him. I discovered this when I noticed suspicious activities of her and by keeping an eye on her instant messaging accounts. Later when I made her confront with lots of questions and by putting the chat transcriptt in front of her, she admitted the facts which at that time I had recorded in a cell phone. Also I made that guy confront his wife at my home and recorded their arguments as well. I have chat transcriptts between myself and that man's wife consoling each other of what our spouses did with us. My wife and her boy friend both refuse to marry each other when I gave them such option and pleaded for forgiveness instead. I tried to forgive her and reestablish the things back for more than a year after that incident however, lately I realized that she is not worth my mercy. Having said this:

I want to cancel the resident permit of my wife and send her back to India.
I want to file a divorce case against my wife.
I also want to keep the custody of my son as my wife is proven her characterlessness and is financially incompetent to take care of him. However, I do not want to deny her right on the son and I would allow her to meet our son if they wish to.
I also don't want to give her any penny as I have taken a good care of her till now which not only included her basic needs but also included luxuries.

I would be much grateful if anyone could guide me thru this.

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7 Replies

Saurav (Engineer) 25 May 2014

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Anand Bali Adv. (Advocate Solicitor & Consultant) 25 May 2014

If you file a case of Divorce based on the Adultery of the Wife (Which you not have condoned by your acts and words) You need not to pay her a single penny if your allegations are proved in the court of Law.

Getting cancel her resident permit as your dependent can be withdrawn by yourself by sending her back to India and not applying her Visa from your side, sending an intimation to the Indian embassy thatyou have applied for the Divorce against her.

About the Custody of the Child the court will decide on the basis of his Welfare where he can be brought up better looking to his good future and welfare of all kind.

You need not to pay her any more if you will be able to prove her guilt of Adultery in the court.

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Gautam Kapoor (IT professional Studying Law) 25 May 2014

understand your anguish.I do not know which country PR you hold but from my knowledge you cannot cancel her residentship,you can only remove your sponsorship....this is atleast true in some APAC countries.

Coming to divorce... it is well in your hindsight what to do best...I advise to let her go.

Child custody - since he is over 5 years old you can give it a strong try...

Adultery is a strict word...if you are able to prove her immoral character ....she will not stand to get a single penny.The onus to prove her immoral character is on you to deny her a penny.

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Gautam Kapoor (IT professional Studying Law) 25 May 2014

my samsung ipad is slower than Mr.Bali’s response/advice.Also heed to what he has to say.Keep a note on the PR aspect though.

T. Kalaiselvan, Advocate (Advocate) 26 May 2014

Adultery is a strong ground for divorce. If you are confident that you can prove her extra marital relationship with another person outside the marriage with the help of the evidences in your possession, you can very well proceed with a divorce case. About the aspects of cancelling her PR status as well as keeping the custody of your child with yourself, you may follow the advise rendered by learned advocate Mr.Bali.

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Adv. Chandrasekhar (Advocate) 26 May 2014

Adultery during the subsistence of marriage is a ground for divorce and not the adulterous physical relationship earlier to the marriage. If she had adulterous relationship despite being your wife, then it is a ground for divorce under Hindu Marriage Act. In your own admission, you condoned her act. Hence, condonation of her illicit relationship again comes in your way to get relief. After your condonation, again if she indulged in adultery, then you can have a case. The custody of child is decided by the courts completely on different grounds, keeping solely the welfare of the child and not succumbing to the whims and facies of the estranged couple. Similarly, the fate of granting the maintenance is also depended on the grounds such as indigent conditions of the wife, vagaries of life etc. Certainly unchastity disqualifies a woman to get maintenance, but that act of unchastity shall be after the maintenance order is passed and not earlier to the order. So, if she is unemployed and has not her own source of income, she will be definitely entitled to maintenance irrespective of her illicit relation in pre-litigation period.

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Adv k . mahesh (advocate) 26 May 2014

alright one thing you have to say and search about your country procedure also

as you carry evidences with you you can prove and get divorce but in what time you will get to prove all this is the big question.

already you had given her a year time but she is not in changing her Behavior but here you have to see the child future

my advice is to make a chat with her convince her as in india Mutual consent divorce if both parties agree which is fast and also easy and enquire in your place about this one and about custody also you can take form the same court.

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