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Tarun (Research Analyst)     16 December 2010

Contested Divorce Scenario

Hi Learned Members,

I'm planning to go for the contested divorce in coming days as my wife seems to be not willing to go for the MCD (which she agreed earlier on). Now the ground of divorcing her for me would be her affair with a Muslim guy (and we both are punjabis)


Now the reason behind me being so confident of winning this battle are as follow:

1) Her entire family is with me as they also got to know about her affair after the marriage. Since we both families have been betrayed by her therefore, It won't be problem for them to tell the court that their daughter was in an illicit relation with another guy even after her marriage with me.

2) I've a recorded ph. call with her wherein she has agreed of having an affair with that guy and that's why she wanted to divorce me.

3) She also registed a false complain against her own dad stating that her marriage was done forcefully and her dad wanted to kill him ( which again she agreed on that recorded ph. conversation that it was false and she did what her lawyer told her to do)


4) She ran away from her parents house 10-11 months back and most probably would be living with that guy (for which I don't have a proof but on prima facie seems like the only scenario)

 

Thus, on the basis of all these scenarios, would I stand a chance to get the divorce if i contest it ?


Looking for valuable advise.


Thanks.

 

 

 

 

 

 

 


 



Learning

 2 Replies

Adv Archana Deshmukh (Practicing Advocate)     16 December 2010

Whether divorce shall be granted would depend upon what evidence you have to support your case. If you have good evidence, you can file for divorce on the ground of cruelty, adultry.

Lord Krsna (Student)     18 December 2010

apply for Divorce and get exparte order. Dont make any allegations such as affair etc


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