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Rakesh   16 June 2015

Alimony in divorce

Dear sir

I am married for last 18 months. After couple of months of marriage, I get to know an illicit relationship between my wife and her brother-in-law. The brother-in-law is the one who played a pivotal role in this arranged marriage.

It was a heartbreaking thing, I was in denial for many days. Just couldn’t realize that this has happened to me. I consulted some people who advised me to forget and forgive. I did that.

Now we have a daughter, 2 months old. I thought the baby would make her feel responsible but it was never the case. The journey had been very tough. She is so mean, despite of all I have not shared anything with my parents still it doesn’t seem she has any remorse of her doings.

She fights with me in every small things, doesn’t want to live with my parents, she is never for any compromise. Now she wants to part the ways. Frustrated with the things, me too want to get out of this marriage. Whenever she said I would leave your house, I have reiterated that don’t play with the baby’s life, let her be with me and take whatever you want from me.

I have some audio, video recording to prove she herself confessed about the illicit relation she had. I have all the WhatsApp chats and sms, where we have discussed everything in detail.

 

  1. Now, if she really goes out, how much alimony I may need to pay. I earn about RS 40,000 and have some savings too. 2) Can she claim anything from my savings? I am building my own house. The house is in the names of my brother and me. 3) Can she claim for the house or the part of it?

Please help. 



Learning

 9 Replies

Nitin (marketting manager)     17 June 2015

If you can prove her adultery then she is entitled for a divorce with out any maintanance

and for the kid you have to pay anyway [If the courts grant her the kid to stay with her again that depends on the state of you and her and who is better ecquipped to handle her financially  ].

is she educated whats her qualification? does she has any properties on her name?

Nitin

 

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     17 June 2015

If a spouse does commit adultery by having s*xual intercourse with someone else, there could be serious consequences in terms of alimony. If it's proven at trial that the spouse committed adultery, and that this adulterous act caused the separation, the court could deny the guilty spouse's right to any alimony if divorce is granted. There are a lot of circumstances that could factor into this alimony decision.

Adv k . mahesh (advocate)     17 June 2015

I agree with above views

if your lawyer handles the adultery issue very carefully then the court can give custody of the child to you and the evidences should not be modified means keep them as it is

naresh verma   17 June 2015

my self naresh verma I want to diavorce from my wife please help me

Rakesh   17 June 2015

I have sms, whatsapp chats. where my wife has confessed the act. In the audio and video, she confesses that she had made the mistake, it was her biggest mistake. Now will all this prove her aldultery? what else does I need to prove the fact. 

I also have a picture of hand writeen letter where she has confessed. She destroyed the oroginal copy.

Is it sufficient?

Rakesh   17 June 2015

She is a graduate.

saravanan s (legal advisor)     17 June 2015

these proofs are enough mr.rakesh.file divorce ASAP

Adv. Chandrasekhar (Advocate)     17 June 2015

If her adultery was prior to marriage, it could not be a ground for divorce.  Further, once the act of adultery came into light and if you forgave and had continued physical relationship, then also it would amount to condonation and not a ground for divorce.  If you both have decided to separate and go the route of mutual consent divorce, then you both can reach to an agreement for alimony.  Whatever that may, you have to pay maintenance for the child, if she takes the child away with her.  If you both cannot come to an agreement about permanent alimony, naturally that forces her to refuse to give you divorce and then contested divorce case takes its own time and the outcome depends upon various factors.  I mean it is difficult that who would win or lose without going through thoroughly in the entire evidence.

 

Rakesh   17 June 2015

Okay. Thank you all for the advice. Actually, she had relation prior to marriage and even after the marriage. She went to her sisters' place for a 10-day period, they were continuing their relation as before. Yes, I thought of forgive and forget but it is not working as she would never let me forget.

my wife had sent some onscene pictures of her to her boyfriend. I have those pics with me too. i have the chats where she confessed about those pictures.

I do not want to hurt my aging parents as these stuff has some social stigma attached. I have great family obligations, I just do not want to end up giving large sum to her.

 

Please help in what proof I need to prove the matter in court and the final verdict does not end up hurting my pocket much.

Please Help.

 

 


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