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SamHarry35 (Others)     14 July 2012

Adultery case time period

Dear Forum,

How long an adultery case proceeding does takes. If all the proofs are given self-confession (recording), abortion reports (living estranged separately from last 5 months) and  phone bills etc .also has a witness how has seen her  going with this other man . Does the wife still get a maintenance and custody of children or is it better to for a MCD as wife has agreed.



Learning

 7 Replies

Anish Thakur 7018812737 (advocate)     14 July 2012

time duration of adultry generally takes upto 2 years.

as per my suggestion dnt go for mutual consent divorce as once you get mutual consent divorce she still remain grounds to get alimony and maintenance later on.

if you get divorce on the grounds of adultery you have not to pay a single peny to her but children remain entitled for maintenance.

i hope you are avoidiing adultry case to save your repect and status in society aqnd i appriciate your thinking.

if you are going such way then go for mutual consent divorce through arbitation and make written agreement with her including her affidavit that she is signing this agreement without coercion and any pressure.and mention all terms and make her confess adultry in that agreement and put this condition that this agreement is valid only if your wife will go to court after mutual consent for maintenance or alimony.

feel free to call

1 Like

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     14 July 2012

go for MCD. 

CHILDREN BORN OUT OF WEDLOCK HAS TO BE PAID MTN. 

iF NO CHILD, HOPE SHE GET RE- MARRIED FAST . 

U Can include "No mtn " as consent term. 

1 Like

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     14 July 2012

An adultery case even with unimpeachable evidence may take years in the court. Because of delays associated with adversarrial litigation. It is always advisable to go in for a Mutual Consent divorce.

2 Like

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     14 July 2012

Mr. Shroff is right, I agree with him

Jai Karan Nagwan (consultant)     15 July 2012

I am in diagreement that if divorce on the basis of adultory, she will be dis-entitle for maintainance. Secondly if she agree and can confess, why they shall not proceed under section 13 for divorce on mutual consent. Please appreciate abortion will never be a proof of adultory. Adultory can be proved on pregnancy termination proof, if husband is incapable of access to wife.

Jai Karan Nagwan (consultant)     15 July 2012

I am in diagreement that if divorce on the basis of adultory, she will be dis-entitle for maintainance. Secondly if she agree and can confess, why they shall not proceed under section 13 for divorce on mutual consent. Please appreciate abortion will never be a proof of adultory. Adultory can be proved on pregnancy termination proof, if husband is incapable of access to wife.

(Guest)

It is not easy to prove adultery until and unless you don't have any physical relation snaps or proofs.

If she herself interested to leave you i.e.  possible.


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