Divorce
akash
(Querist) 29 September 2015
This query is : Resolved
Sir,
I have found my wife chatting with her boyfriend. On checking her mobile I found that she has sent her nude selfies (about 50 images) to him on whatsapp. I called her parents, explain the incident and told them that I will not live with her. That time her parent take her with them. Since then for one year they was always asking to pardon her and take her back but I denied. After that they agreed for mutual divorce with demanding Rs 30 lac that too I denied and told to give 7 lac only (which they had spend during marriage). Now they are threatening to file false 498A, DV, rape, attempt to murder etc.
Later I obtained her call detail which shows her continuous talking with her boyfriend.
I have her sms in which she ask for forgiveness.
I have her mobile by which the images was sent.
It is more than two years when her parents take her with them.
Now I am thinking to file for divorce but confused about the grounds.
Can I file divorce on ground of adultery.
Please advice.
SAINATH DEVALLA
(Expert) 29 September 2015
Mere messages and whatsapp images are not sufficient grounds to file for divorce for adultery.Unless U catch them red handed U cannot prove.They will certainly challenge the validity of Ur evidences and its the discretion of the court to accept the validity.
hence better to go for MCD for a compromised amount instead of inviting more legal problems.
Nadeem Qureshi
(Expert) 29 September 2015
Dear Aakash
You may file a divorce case based on cruelty and desertion before family court of area under section 13(1)(ia)(ib) of Hindu Marriage Act-1955
Rajendra K Goyal
(Expert) 29 September 2015
Try for Mutual consent divorce on acceptable terms.
