Divorce law

Adultery is time consuming and unless admissble evidence exists, fighting divorce on basis of circumstantial evidence would be difficult.

If you initiate while she is residing it may help you win maintainance but you can't prove discord exists. Court looks at separation and dicard to marital bliss before passing divorce decree. In your case that mayn't be possible. And she will go for DV as well. Then you are doomed.

 

You can't shy away from taking charge of situation. Indian juggad is so famous there could exists scenario that will make her leave. I can think couple of them but not 'legal' way.

Think hard.

Thank you for your reply

Originally posted by : KA Nathan
	Dear Sirs, This is my second query. We want to apply divorce against to a women, who is unwilling to move to her parents home. We have few cell phone messages as she had affairs with other man & helps the man to have link with other women too. We know that, she has stollen the subjected SIM card to erase & avoid getting any evidence against her. we managed to get some messages by recovery softwares. Women Police only favors to them (wife's family) not hearing to us, moreover says as they supposed to file case against to the husband's family (which is clearly against to recent guidelines from CJI related to these kind of complaints) 1. By the terms of Hindu marriage act, Should we need to pay compensation (monthly amount) to her if, Divorce due to Adultery of herside? 2. can we file divorce when she still living in the Husband's home, and refusing to go to her parents home? (Her family members frightens as they will attack the husband's family) 3. Should we must wait for 1 year to file Divorce against to a woman? We are totally exhausted fighting with dishonest people's cheating in the name of marriages. please suggest us ways to cope with the situation. Thank you.

You are already following procedure.  Rest of the procedure will follow.  You will need to pay alimony to wife till case gets over and also till she remaries in casea divorce is granted.  

Without having sufficient proof to prove beyond reasonable doubt regarding adultery may backfire, and you will have to do time in jail for not being able to prove allegations against your wife, so be very careful regarding what charges you make.

1 Year to be completed to file for divorce, best way ahead is mutual divorce.

Adultery cannot be proved at all.  Its waste of time to pursue the matter.  Nobody has conscience these days.  Best winner is money.  Pay her one time alimony and get rid of her.  DO it now, any efforts of fighting the cases will be futile and you will only lose young years in courts with only self gratification.

Adultery is difficult to prove in court. Try to gather evidence against her. When she or her family threats you record it, when she fight record it etc. These recording will help as evidence in proving her cruelty. After getting evidence file divorce on cruelty. Mean while try MCD. Pay one time alimony and get rid of her forever. Because you will waste 6-7years in roaming courts for divorce. And if you somehow get divorce from lower court opposite party can apply in higher court. So best option try MCD

Thank you for all your replies. the wife's mother says they would claim at least 10 Lakh of amount and drag the case for 10 years. worst thing is they brought the guy (illegally affairs with) to the marriage hall itself and he cried in the stage itself (claimed like a brother), and allowed to sit near the groom when the newly wed have lunch after the marriage. But, the wife used to talk to him in phone secretively once in 3 days, Without letting know the husband (deleting the history).

Fighting in court in these kind of cases is very difficult.

We dont think they will accept Mutual consent divorce.

Anyway we have to get divorce from the cheating family with some financial loss & bad reputation in society etc..., God alone can punish these kind of culprits..., pitiful thing is, they are in positions of Teachers...!!!!

 

 

 

Lamenting on ill repute marriage brings will not get you anywhere.

 

There are many things that could be done.

If you dig deeper into her past you will find someone to corroborate your situations.

Anyway this is tough fight. You said . She said. So take a tough decision and throw her out and face all criminal cases that comes along .

Bring in a some mediator to negotiate and see what can be done.

Tap onto some social NGO and see if they can bring in some harmony (samarpan, Men rights, )

Be patient. Allow her to commit debauchary and reap rewards.

Get someone to follow the guy and see if he cracks up under pressure.

Go through law. State your facts and wait for justice to be served. No matter how long.

You seems to be third party in concern (may be relative). What husband wants?.

Law could be served if you time, money and will to do so.

Starve the beast. Rest will fall in place. Be pragmatic