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Jayant (CS)     10 November 2014

Adultery by wife

Hello Friends,

 

i need an advice. We married in Feb 2008. Days after marriage she let to her parental home saying my behaviour is not proper, I shud change..bla bla. Meanwhile she filed 125CRPC. I replied to that. On assurance from my side to fullfill her demands to change etc, she came back after 1 year in April 2009. The case was dismissed on its own once we started living together. We shifted to separate home, a rented one, so as to lead a separate and peaceful life. But she was reluctant to have physical relations with me. The i found some traces of betrayal from her phone messages, internet chat etc. Someone was following her. In August 2010 she left again after we had a quarral at home. In Jan 2011 she told she is pregnant and will come once baby is born. Based on calculations and doctors advice ie. date on which we last had s*x and date of babys birth, I knew she cheated on me. But she wanted to live with me and impersonated baby as mine. I asked hospital papers she denied. Baby born in June 3, 2011. When i asked her to come back in Sep 11. She told she needs some more time. I got irritated and filed legal notice to justify the prganancy by proving thru DNA. No reply so filed divorce on that ground. 

 

Present scenario: She has order u/s 125 CRPc with her since Aug 2013. 

My case shifted to her place. She agrees to take alimony of 4 lacs and go for MC divorce. Shuld i agree for peace of mind. But I want her to agree that she cheated and child is not biologically mine. Only then I will give her divorce. Can she go for 498A. She is to file WS in my case now. Should I hire a lawyer and go for arguments or agree for alimony.



 1 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     10 November 2014

Dear, file divorcee on the ground of adulterous relationship by her, and in the same seek her DNA test. May be she will admit on her own then go for mutual consent, 4lacs is not a big deal, firstly satisfy regarding the child then divorcee her, 498A she can.. go for arguments in 125 bcoz if wife is living seprate on her own will then she is not entitled to maintenance. Adv kapil chandna, 9899011450

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