Dissolution of marriage
ganesh athraya
(Querist) 04 January 2017
This query is : Resolved
Hi Experts,
Wife had an extra marital affair with her business partner.
have photos and vdos of their activity of sex as proof.
under what and how can I apply for dissolution of marriage.
have a child and would want the complete custody for myself due to the adultery of wife.
currently wife has moved to her parents house, leaving the child with me., under the pretext of being physically abused by me. but i have not done so.
Could the experts help me and guide me the proper and amicable way to have the marriage dissolved.
also is there a way the other man can be implicated.
Thanks,
G Athraya
Guest
(Expert) 04 January 2017
Mutual Consent Divorce would be the speedy remedy.Talk to her parents thro Elders respected by both and advise them the Mutual consent divorce would be good for them Instead of facing the cases for her immoral and Illegal activities.Better complete at the earliest and get free in life instead of worrying about her Immoral activities. But Take care of your Innocent child wisely.In the absence of the Mother the Child will require more Love and care from you.Mutual Consent Divorce would be completed in 6 Months.
Guest
(Expert) 04 January 2017
In your Case No Dissolution would be Possible and Divorce is the Only Legal Remedy
Kumar Doab
(Expert) 04 January 2017
She has moved out as posted by you 'under the pretext of being physically abused by me. but i have not done so.'
Explore the option of MCD with the help of elders,neutral mediators, well wishers.
You have a child. Save the child from torment.
Advocate M.Bhadra
(Expert) 04 January 2017
Best option is to file a suit for Divorce on Mutual Consent, failing which you can file a Divorce Suit on contest.
Ms.Usha Kapoor
(Expert) 05 January 2017
CONVINCE HER FOR MUTUAL CONSENT DIVORCE.iF SHE DOESN'T AGREE THAN GO FOR CONTESTED Divorce Take CARE OF THE CHILD BY SHOWERING ON HER LOTS OF LOVE AND AFFECTION.THIS MAY HELP YOU IN CHILD CUSTODY.
Rajendra K Goyal
(Expert) 05 January 2017
Try for Mutual consent Divorce, if not possible file divorce and custody case against her.
Sudhir Kumar, Advocate
(Expert) 06 January 2017
"also is there a way the other man can be implicated."
Yes. Please meet a lawyer with these photographs who can explore such feasibility.
All expert have advised you to make her to agree for MCD and if you succeed in this the bargaining power will be better.
At present you seem to be at the receiving end only. Any time she can allege dowry demand and you spend good time and money defending the same.
Rajendra K Goyal
(Expert) 06 January 2017
Agree with the advice on practical aspects from expert Sudhir Kumar.
Kumar Doab
(Expert) 07 January 2017
While deciding consider the practical aspects also as suggested by Mr. Sudhir Kumar
ganesh athraya
(Querist) 09 January 2017
Thanks Experts,
is there a way to teach them a lesson
ganesh athraya
(Querist) 09 January 2017
Also Experts,
Is there any chance of she paying for spoiling my life and putting the kids future into a risk.
Rajendra K Goyal
(Expert) 09 January 2017
Avoiding the situation and throwing away the idea of teaching lesson to other party is better approach.
Leave this task to time which teaches most of the sweet / bitter lessons in life.
Kumar Doab
(Expert) 09 January 2017
Consider practical aspects also as suggested by Mr. Sudhir Kumar, Mr. Rajendra K Goyal.
Still if you have uncontrollable inner wish then understand the merits, costs,consequences from your own counsel, before you act on your own.
Preferably obtain second opinion from a very able and senior counsel also.
ganesh athraya
(Querist) 10 January 2017
Thanks for the suggestions and guidance.
We have 2 Flats registered jointly, I have paid all the monies to procure the same. which she agrees to. How to i get her to completely transfer her rights to me.
Can I get a template for MCD and also for the GPA for transfer of rights of the properties held jointly.
Kumar Doab
(Expert) 10 January 2017
Let your own counsel draft as per your needs.
If your wife agrees she can sell/gift/relinquish/release/transfer/settle etc etc in your favor by a valid/registered deed.
Guest
(Expert) 10 January 2017
Dear Ganesh Athraya,
Teaching of lesson to your wife can bounce back upon you also. Better seek some peaceful solution to dissolution of marriage as well as settlement of properties.
Rajendra K Goyal
(Expert) 10 January 2017
For transferring the property she can gift it to you, can execute registered relinquishment deed in your favor.
Kumar Doab
(Expert) 10 January 2017
Dear LCI AUTHOR @ Ganesh Athraya,
In such cases; outright sale can be one option.
Narration of admission of spouse that such amounts are paid by ...................in papers even MCD, can be a good option.
The T&C in GPA do matter.GPA can be cancelled by principle anytime.
In such cases it shall be wise to let a very able counsel suggest and draft all deeds and documents.
ganesh athraya
(Querist) 13 January 2017
Hello Experts Counsels,
My lawyer was telling me to wait for MCD., and under that she can claim whatever she wants and then we may have to challenge that in the court., which will be tedious, so so he wanted me to discuss with my spouse and come to a oral agreement and then draft the MCD and go to court.
he also mentioned that if she opposes the MCD and does not want to go ahead, we could go for PCR against the guy involved in the adultery under sec 498, this would create problems for the guy and he may put pressure on her to agree to the terms and go with MCD.
whats your opinion.
Guest
(Expert) 13 January 2017
Your lawyer has advised you appropriately. You may rely on him.
Rajendra K Goyal
(Expert) 13 January 2017
Your lawyer is the person who is full aware of full facts, he is the proper person to advice to the point.
In case of need can show full case file to another lawyer and can have second opinion.
Kumar Doab
(Expert) 13 January 2017
Agreed with expert Mr. Rajendra K Goyal.
The issues with POA, Gift etc is that these are prune to be cancelled/revoked (and defects, if any).
The draft/language of any document should be so as to defend your long term interest, including but not limited to your investment in property.
You must not get carried away by the feelings of revenge. Such feelings always affect and limit the judgment.
Get liberated from the failed marriage and costs and consequences of the case (s).
Rajendra K Goyal
(Expert) 13 January 2017
Expert Kumar Doab,
Thanks for agreeing.
ganesh athraya
(Querist) 16 January 2017
Thanks for the responses,
if i file a PCR under 497 IPC, which would implicate the adulter. For hime to come out he would request her to give into my requests to give the GPA on property to me with out any conditions.
how would i be positioned in case i file a PCR under 497.
Thanks,
Guest
(Expert) 16 January 2017
Better rely on your advocate.
Kumar Doab
(Expert) 16 January 2017
Dear Mr. Rajendra K Goyal,
You are welcome.
Kumar Doab
(Expert) 16 January 2017
The impressions of GPA have been discussed.
Rest is your own preference.
Your own counsel can illustrate all pros and cons of everything that you aim and desire.
ganesh athraya
(Querist) 20 February 2017
Currently, she has filed a complaint in the PS at her mothers place(she is staying there since Nov 2016)
under the Sec
IPC 1860 (U/s-34,498A,448,324,323,363)
She and her mother are asking for Child custody, a Flat and 50 Lacs of rupees.
Under these new circumstances what are my options
Guest
(Expert) 20 February 2017
Have you discussed about the new circumstance with your lawyer, as you stated now? If not, discuss with him and post here, what is his opinion?
Sudhir Kumar, Advocate
(Expert) 20 February 2017
You aear;liest easked "-
"Could the experts help me and guide me the proper and amicable way to have the marriage dissolved."
then you sought advise
"is there a way to teach them a lesson "
Mr Dhingra advised you :-
"Teaching of lesson to your wife can bounce back upon you also. Better seek some peaceful solution to dissolution of marriage as well as settlement of properties. "
Mr RK Goyal said;-
"Avoiding the situation and throwing away the idea of teaching lesson to other party is better approach."
YOU NEVER ASKED THAT WHETHER THERE IS ANY WAY TO BY WHICH SHE CAN TEACH LESSON TO YOU.
Your lawyer also gave you sound advised (atleast appearing form this blog) and you seem to be not at all interested.
So far you have achieved criminal case against you at her mother's place.
You have to but Mutual Divorce from her.
ganesh athraya
(Querist) 07 June 2018
Update:
She filed for
1. Divorce
2. Child Custody (My daughter stays with me i.e I am the custodian parent)
3. Interim Maintenance
1. Mediation failed
2. Visitation granted to wife 1st 4th Saturday.
a. Vacation custody requested, grante from 0800 hrs to 1900 hrs ., during christmas fro 3 days and summer 14 day NO OVERNIGHT STAY
3. Maintenance application rejected
a. have filed a 497 against her paramour, Cognizance takeoff offense and NBW released against the guy
b. evidence of adultery VDO and Photos presented to family court
c. evidences provided to show she was working and earning even now.
Thanks experts for the timely guidances
Guest
(Expert) 07 June 2018
Congratulations. Your problem is virtually over.
