Ragne (mtu) 27 January 2010

Changing the ground of divorce

My wife give divorce based on adultery. First hearing i filed petition of conjungtional rights and wanted her back. Seems no success, judges say if she dont want then not and she also said she wants divorce. If i agree in next hearing with divorce based on her application that on grounds of adultery, what punishment can i face? Or do I need to give a cross application for divorce like based on grounds of cruelty? If i agree with divorce grounds of adultery will this case wil be anyway discussed on details in court? After my wife refused to come to me back I decided to start living with the other woman she accused me being cheating. Is this punishable or not? I am separtely living from my wife about 9 monthsd already. As to mention my wife meet the other woman and hit her, a plice and hospital case followod, until police and her beg the other lady who is forigner not to give application, because foreigner case is hard stuff. So finally the other lady not give lawful acation against my wife that she hit her. My wife write a letter witnessed by police that she will not anymore file false complaints on me and this foreign lady, l ike 498 a and etc. Is this paper legally valid, can i use this in court?

As to maintainance - every time i try to contact my wife as to meet children, give them money and food and clothes, my wife plays that all ok, then secretly calls police to me and tells that i tried to kidnapp children and hit her. So also this time she called me police after i give things to children, take them all to restaurant , she lie police i come and hit her and again we spen night in plice station where i had to prove that i have no harm her in any way.

The maintainance she wants from me is 30 000 rupess in month, this is impossible for me to pay. If i agree on divorce now, will this automatically make me to pay this amoun t of maintainance or this can be discussed separately?

My aim is to get divorce as quick as possible and pay maintainance money to my children about 3000 rupe4es in month what is possible for me. Please advise me how to finsihs this nightmare the most quikest way and save chidlren from figthing. I dont know wha t to say to maintainance court on April, because i am not intereste4d anymore contacting my wife because i see she call me police and file false claim after i give things to chidlren. How can i maintain them if she makes tjhis impossible.

I do hope that you can help me with some advice as soon as possible. Thanks a lot.

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2 Replies

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429) 27 January 2010

you take divorce from her. in your counter claim (yr petition) mention her cruelty. she defame you and your lady foreign guest. she is simply a guest and no s*xual relation with her. meaintenance will be settled accoding to sce 25 of the hindu marriage act.

meaintenance formula:-

respondent's own income and

other property, if any,

the income and other property of the applicant,

the conduct of the parties and

other circumstances of the case, it may seem to the court to be just,

and any such payment may be secured,

if necessary, by a charge on the immovable property of the respondent.

Guest (Guest) 28 January 2010

There are certain problems with your case. If you filed RCR after her filing divorce petition on the ground of cruelty, you cannot seek divorce on the ground of cruelty because, by filing RCR you condoned the cruelty. Now try for mutual consent divorce. If it is not possible, then try another method: You deny the allegation of aultery in your reply and clearly say that there is no possibility of cohabitation, you have no objection if her petition is allowed and divorce decree passed.

Regarding children: file custody case. You will get custody or other wise atleast you will get visitation rights and during that time you can take your childrent to restaurents and give them presents legally.

Maintenance: It depends on various things. Whether she is earning or not, what is your income and paying capacity, your and her responsibilities and life style etc. will be taken into consideratin.

Adultery: On this ground she can seek divorce, but she cannot file any criminal case against you. For adultery, the other person (foreign woman) must have been married and her husband has not given permission for intercourse nor the foreign woman has not given consent for intercourse, then only the case of aultery can be filed and that too not by your wife but by the husband of the foreign woman. It is very difficult to prove adultery.