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Raj Thakker (Executive)     26 January 2016

Divorce

Hello Friends,

one of my friend is facing some problem , i am posting details over here so please send your expert advice.

My friend GOT Married in 2008 and having 2 kids of age 6 and 3 a boy and girl,Recently he discovered that his wife is having affair with other guy and he got picture of his wife and her boy friend so he approch her parents for same to sort out issue , they took their daughter.Now question is what should my friend do as he is having pic of his wife and her boyfriend and also recording where girls father has confirmed that his daughter excepeted that she had relationship with other man which is no more.could you please guide what should my friend do in such case,what legal action his wife can take against him where in he can protect himself??kinly send your expert advice



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 11 Replies

prabhakar advocate (advocate)     26 January 2016

File divorce case on the ground of adultery and making adulterer male person is also co-respondent.  If she files any case against husband, he has to contest them on merit.

Raj Thakker (Executive)     26 January 2016

hello,

thanks for your reply can you both please elobrate little more on guide side how friend of mine can protect as such people can file false case against him.What precaution he needs to take,will he need to pay any Alimony in such case as such he is having his wife photo with other men and also she has confirm in front of her parents and her father ha accpeted which is recorded my friend??

Raj Thakker (Executive)     26 January 2016

how can my friend prove adultery as only evidence he has is photo which was taken in some studio where guy has kept his hand on ladys shoulder and his front portion is near her breast??

Vijay Raj Mahajan (Advocate)     26 January 2016

A photograph taken in studio, keeping hand on the shoulder of the lady and his front portion is near her breast, you call it proof of adultery for seeking divorce?

Firstly the words used for seeking divorce under the Hindu Marriage Act,1955, section 13(1)(i) are" had voluntary s*xual intercourse with any person other than his or her spouse", now tell me by placing the photograph as a piece of evidence will you be able to prove what is stated above in the provision?

If not than just forget going with such adventures in Family Court otherwise putting such allegations will amount to act of defamation for which the opposite spouse or the person whose name is involved can get the criminal as well civil prosecution started for defamation.

Please guided by honest experienced divorce lawyer only.

Raj Thakker (Executive)     26 January 2016

hello Mr,Vijay

i am not seaying about proving adultery but in case divorce case is filed by either party will this photograph helpfull to prove that she had extramartial affair??is this become ground to avoid anamoly??becuase friend of mine approch her father and told him to give in writing that her daughter has done such act and no such repetation will happen becuase he want to save future of his 2 kids and he said he will accpet his wife if they are willing to give it in writing because he feels that if he brings her back home without writing then again she or parents might try to do some other act with him such as DV or so , could you please guide now seeing all above what remedy do my friend have either to get rid of his wife or if they are willing to give in writing how can he bring her back??

SuperHero (Manager)     26 January 2016

Originally posted by : PARAS
hello Mr,Vijay

i am not seaying about proving adultery but in case divorce case is filed by either party will this photograph helpfull to prove that she had extramartial affair??is this become ground to avoid anamoly??becuase friend of mine approch her father and told him to give in writing that her daughter has done such act and no such repetation will happen becuase he want to save future of his 2 kids and he said he will accpet his wife if they are willing to give it in writing because he feels that if he brings her back home without writing then again she or parents might try to do some other act with him such as DV or so , could you please guide now seeing all above what remedy do my friend have either to get rid of his wife or if they are willing to give in writing how can he bring her back??

Time Waste, Money Waste..You will not get Peace of Mind.

Don't jump into conclusions. Arrange a meeting with elders and make sure you Video record them.

Make sure the Girl and Her Father agree that she had extra marital affair and record it.

If they suggest and are willing to get divorce - better get Mutual divorce.

If not and she mends her ways...there is this Virus in Mind which will be running in your back ground that she had Extra Marital affair and will always be pinching.

She has to realize her mistake and completely agree and not repeat the same.

Can He really Forget Her Past and her deeds and can accept her again in Life??

So there are lot of ifs and buts...Remember if you are fighting the case, then Courts need strong evidences..

Not some photographs - then they would say the Photograph is morphed.

Atleast some Marriages continue in the Name of Love and Trust...

NoTit4tat   27 January 2016

Hi Paras, Can I give you psychological solution if you can do this, show the same photo graph to wife of that guy with whom she is roaming. His wife will file divorce on the adultery and is feasible solution as woman is asking divorce it would be effective in courts. In this way your friend can save time and lot of legal issues

Raj Thakker (Executive)     27 January 2016

Hello,

My friend is having pic of his wife and boyfriend which was taken in studio where that fellow has kept hand near her breast , after meeting his father in law he has done audio recording of there talks where in her father in law has accepeted that his daughter has done mistake and even his daughter has accepted in front of her parents so what is legal value of that audio as well as pic in combination??what remedy do my friend is having now??

Raj Thakker (Executive)     27 January 2016

what are grounds in light of aove case where my friend can file divorce case??

Raj Thakker (Executive)     27 January 2016

But can any one prove Adultery based on picture??what if some eye witness is there who have seen them in room?? or will they prove witness is fraud??

SN   27 January 2016

Hi, The reply by "Notit4tat" is an out of the box thinking. And it's a very good way out.. its best to keep yourself and your kids away from all this as your wife is selfish and went out of a relationship ignoring the kids who are yet to start living a life. Focus on maximum damage and safeguard your kids.

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