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Jaydev   31 August 2015

Wife having extramarital affair and physical relations

Hello Forum,

  • A wife is having extramarital affair and also having physical relations.

1) Can this be a valid basis to file divorce ? Under which act?

2) Can we use evidance from her phone messanger chat, audio messages, images and video as evidence.

3) Can wife claim maintenance and child custody ( 4years old) even if she is guilty?

 

  • In case she want to come back and we accept her...

4) What are the recommended legal measures we should take care to prevent us from any possible false elegation in future (like domestic voilance, sucidal attempt or run away with child)

Please suggest.

Regards



Learning

 12 Replies

Amit   31 August 2015

Dear Jaydev,

Yeah these are the valid grounds for Divorce, but make ensure you have valid proves for the same.

Child custody will remain with you in this case. Child maintenance need to be equally taken care if she is also working, so I suggest till the time you capture all the evidence including her income as well as other issues remain calm.  

Thanks,

Amit

1 Like

Jaydev   31 August 2015

How do we calculate Valid Proves? Because what is happening in the close room, is hard to capture, still I have their objectionable photographs, video and audio chats shared between them in a mobile messanger.

saravanan s (legal advisor)     31 August 2015

yes it is a valid ground for getting divorce.i asssume you are a hindu and so you can apply for divor ce under the grounds of adultery u/s 13 hma.

whatever evidence you have must be enough.consult a local lawyer regarding that.

if you can prove adultery grounds she is not entitled for maintenance even when she is not working and the child custody would be given to you

1 Like

Jaydev   31 August 2015

Please suggest on the point number 4.

 

  • In case she want to come back and we accept her...

4) What are the recommended legal measures we should take care to prevent us from any possible false elegations in future (like domestic voilance, harrasment, sucidal attempt by her, run away with child and / or continue relatrion with other man)

Laxmi Kant Joshi (Advocate )     31 August 2015

To prove adultry in the court is a very difficult task for that you have to give her intimacy video with her lover, mere telephone calls, chats cannot prove adultery but it can be used as a chain of evidence .
1 Like

SAINATH DEVALLA (LEGAL CONSULTANT)     31 August 2015

U are saying that U have established evidences of her adultery, but U are willing to accept her if she comes back.U  are also saying valid evidences for divorce.

U have 2 options:

1. If U R willing to forgive her for her acts and live together forget about divorce.

2.If U R willing to file divorce for adultery,forget her.

Prove those evidences in the court,would be a very good ground for divorce.

Jaydev   31 August 2015

Since This is breach of trust...I cannot trust her blindly like before...May need time to normalize.

So in case I accept her, i must have some kind of documented assurance (affidavit) from her and her parents so that in case she come back with innocent face but cannot plan conspiracy against us.

Is this a protective tool?

SAINATH DEVALLA (LEGAL CONSULTANT)     31 August 2015

Gentleman,

Its only belief,love and affection to each other sustains marital life but not documents.Tell me one thing is she repenting for what she has done? 

Jaydev   01 September 2015

SAINATH DEVALLA (LEGAL CONSULTANT)     01 September 2015

What kind of a letter do U want to send to UR wife and her parents?

Jaydev   01 September 2015

d

SAINATH DEVALLA (LEGAL CONSULTANT)     01 September 2015

U can send a letter regarding their status and stand on further proceedings.But be careful not to deviate from the subject, U can also send it through UR lawyer which will be official.


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