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Divorce from wife

(Querist) 07 November 2018 This query is : Resolved 
My wife has left the house 4 month back .. she disowned me and our child 7yeaenold son . He Doesnt want to meet his mother neither wants to see her face . She too is staying somewhere and has a boyfriend who is also married and has a kid .. he comes to drop her pick her up from her place and also stays with her sometimes she had misuses the power of attorney I gave to her of my new account when I was working abroad . Also some good which was missing when she left the house. Her parents too had taken money from me as loan which they said will return back but till date has never returned .. not even a single rupee. .. now their daughter (my wife) is going around with someone and it seems to be ok ..why is Indian law so funny .. why can't an adultry be registered on the wife .. also Id I file for divorce .. can I claim for any sort of compensation from her for the kid ... As she is also working since last 2 years
Guest (Expert) 07 November 2018
Adultery would be a solid reason for claiming Divorce though it will not be treated as Criminal Offence.But you should be able to present a good legally valid evidences for the same. More Over first sort out with her and file Mutual Consent Divorce which could be completed in few months Or else you have to file for Divorce with all your pleadings. Discuss with local Senior Advocate in detail.
Dr J C Vashista (Expert) 07 November 2018
There are some vital informations missing and some facts are contradictory making it unrealistic story.
Consult a local prudent lawyer for better appreciation of facts, analyse, guide and proceed, if the query is based on true facts.
Vijay Raj Mahajan (Expert) 07 November 2018
Facts of about adultery seems not sufficient enough for getting divorce as the sexual relationship is important factor that has to be proved for getting order from the Family Court.
The wife is living with another man is just circumstantial evidence to show act of adultery but not sufficient enough to get decree of divorce.
Separation of 4 months not good enough period for desertion for making ground for divorce.
More evidence required for proving act of cruelty of wife for succeeding in divorce case on the ground of cruelty.
P. Venu (Expert) 07 November 2018
The posting contains more of opinions than material facts.


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