How to obtain divorce if wife is cheating

better settle the case amicably.

Yeah, for that we have offered some amount for which they have not come to us yet. 

They Were just speaking about the money they have spent  for marriage (wrongly ,they were quoting much much much more than what they have spnt) all the time and just because our family doesnt want to be cruel, we offered them amount so that she can live with this amount .

I also filed a petiotion and if they come for settlement i would convert this to mutual consent.

when was your marriage performed?

 

how long she stayed?

 

where is she now?

 

is she earning?

 

what you want from now?

 

plz come up with full case history !

1. Chennai in 2011 March

2. 3 Months back she went to her home and i sent her a legal notice,since then she is at her place

3. She is working

4. I want divorce and i have enough evidences which clearly says she is cheating. Once i found out that she is cheating, i did not react or say anything and never harassed, just sent the notice .

PS. Is it possible to get message content from her mobile phone through service provider

No contested divorce goes one sided if the petitioner don't have solid Facts,prooves,evidenes & witnesses against the respondent.

 

As per you querry, what you have written ---You have sufficient evidences against her.So,here Adultery is it's own a severe mental cruelity,on that basis you can proceed for divorce.But what evidences you have you know better,have you consulted your lawyer,what he told against those evidences?

Seeking divorce on Adultery is very challenging yet risky...

 

The moment you will file case on the ground of Adultery she will definately come up by 498a and DV cases against you.So,be prepared for that to counter her and make her succumb on what evidences you have aginst her.

 

So,here one benefit you have as no interim will be allowed to her as she is working,So if she drags the case also then no benefit will go to her part.

Once Adultery prooved then no final alimony to her.

 

For you last querry reg. SMS texts to be provided from service provider----it's depends on the intensity of the case,the facts and circumstances of the case where your lawyer has to request the court to allow an order to the service provider to give such sms details as this is the most vital suffice for the case to be decide.

 

regards,

A sufferer..

Dear Experts, 

Please do advise on the last suggestion of getting the 'SMS details from the service provider'  in previous post. 

Do the court order the service provider for the SMS details of a particular phone , if it is most vital for a  case ?   

Does it matter if it is pre-paid or post paid number ?

How back in time can the SMS records be requested and what period -- 1 month , 3month or 6 months ?

 

Your answers would go a  long way in solving the query, and helping other victims have more clarity on how to fight their individual cases 

 

fi84dignity 

 

Yes I have gmail chat evidences and lawyer said its a strong evidence and I do not have to bother and regarding job I have to prove that she is working. And coming to SMS ,, they can't be retrieved in any which way as MSP doesn't save it unless it is tapped by a court order.

@Varun, Dost....I have few questions for you:

1. How did you get a copy of that chat had between your lovely wife and her boy friend?

2. Does her Boy Friend is known to you? OR a Friend of yours?

3. Was that email ID created by you / by her?

bla bla bla bla.....

Puting a blame on someone is very very easy. If suppose, that blame is not getting proved, then what? Will you be losing the trust of your wife forever? If suppose, she has some / a very little hidden love for you, then what? You will lose it forever.

This is just a suggestion to stop you for a while to think before you act.

Hi Thanks for your concern and let me quickely answer your queries 1. That ID was nt created by be,she createed it and no one knows about it except her. 2.Some how she chatted in a common laptop and accidentally saved that password and i initially was shocked to see a new id in common system. 3.She has sent her photos from her house too. 3.then i have checked the chats, and there was a lot of negative talk about me too. 4.What ever has happened in our daily life was told to him and other guy 5.There are 3 boyfriends. 6.She was planning to get married to one and was having s*x with other two. 7.When i confronted thgis issue, she dint talk to me at all and went for a police complaint. 8.Ideally , She should admit or deny. 9.Their parents thretened me woth a false DV case and also filed a compaint and i had to go to Police Station. 10.She is a malafide preson with all gher actes with two tongues and I have given her lot of money ,freedom 11. I have spent money for my marriage and they claim they have spnt around 30 lakhs,but they dint spent even 5 lakhs.This statement it self says that they are trying to make a fortune from me.Whoich i wont let. I hope this clarifies. And before calling a wife lovely , you should have asked me about the cases :) I have decided to get divorce now and may be late i will get it on day. being on wrong side they came with false allegations. So Being on Right Side , GOD is there with me . I think when some one thinks of divorce, there is a strong reason behind it and compromise should be last option,because just because of peoples suggestions if two ppl compromise and see hell in future.Its better to amicably seperate in a WIN - WIN Situation Compromise is the last resort , as one should suffer. So Whatever is WIN - WIN Situation ,we have to resort to that. And in my case am not as cruel as her, i also know mistakes do happen ,but i do not want to stay due to this indecent chatting , i have never hurt her physically or mentally for this reason,just wanted divorce.I am also willing to pay some amount for her livelihood too.As i said it should be a WIN - WIN both two parties. Thanks

I agree with you varun what you have posted in your reply.

 

It's better to quit her rather than just dumping all her pain inside your heart.

 

Go for revolt-----------a revolt aginst fraud,a revolt against breaking of trust,a revolt against being a husband of characterless wife.

 

just riddle off from the so called sacred institution called marriage where she had malaciously destroyed your love and image.

 

Go ahead take divorce without giving maintenance as Adultery is there she should not be given any pie to her.