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Confused wife   19 July 2015

What options?

Husband had an extra-marital wife when the wife was pregnant with twins and has been open about it. He wants a divorce to marry his new girl friend. He walked out of the family two years back and the working wife manages the kids with the support of her mother. He visits during the weekend to spend time with the kids. He has given money on and off. What are the options the wife has? 



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 16 Replies

saravanan s (legal advisor)     19 July 2015

if his wife is not interested in continuing the relationship let her ask her husband to file mcd.she can ask for a lumpsum amount as onetime alimony for her to take care of her childrens future.

but if she doesnt want to divorce him she can file 498a, dv etc on him to punish him for getting involved in extramarital affair

fighting back (exec)     19 July 2015

498 and Dv to punish an extra maritial affair!!!! wow what a suggestion Mr Sarvanan....hats off to you......it is because of people like you who suggest such things that people are getting trapped in false cases..........r

Prasad (Systems Engineer)     19 July 2015

I second Mr.Fighting Back.

 

498 and Dv to punish an extra maritial affair!!!! wow what a suggestion Mr Sarvanan....hats off to you......it is because of people like you who suggest such things that people are getting trapped in false cases..........r

Prasad (Systems Engineer)     19 July 2015

Hi Confused Wife...

 

Are you sure your husband has extra marital affair and do you have proof?

 

Do you still have some trust and love left on your huband?

 

 

Your twin kids need their father and it is their right to have their father.

 

 

So, make sure to evaluate all options for the good of your kids.

 

 

Don't be in hurry to bring legality between you, your husband and the kids.

 

 

Legal procedure will ruin everybody's happiness.

 

 

 

 

 

 

saravanan s (legal advisor)     19 July 2015

even though extra marital affair doesnt invite action under those sections just keeping in mind the suffering subjected to the women i advised so.

saravanan s (legal advisor)     19 July 2015

another thing is she cant file adultery case u/s 497 on her husband

Vidya (ss)     20 July 2015

Mr.saravanan when a girl can use 498a?

sure if any couple approach you ...pakka you try your best to break them.... Good luck.

we need to appeal our PM where exactly swaccha bharath required.

 

tired and exhausted (Production Manager)     20 July 2015

Wow!! Saravana.s really this is the advice you are giving?? it seems you are my wifes lawyer... becoz 2 yrs back she left my house, she had an affair we caught her red handed.. she excepted the whole fact that too in written... and when i approached court for divorce a lawyer like you or you only god only knows suggested her to file an 498a case against me who is a victim.. 

Please have some respect for your profession Mister... stop giving wrong advice... or the best thing dont give advice at all... 

God have mercy on the people who appraoch you for their cases... on an honest note wish i could complain against you in BAR council

I walk alone (Asst Manager)     20 July 2015

MCD looks to be better option, but with a clause of Child Maintainence (Lumpsum only). before approaching to the court, sit & discuss the same with the husnand family members. The incident should not be repeated to the other girl, so lesson must be taught to the husband.

If husband dont cooperate for MCD, go for contested divorce. Understand 498, 406 wont fetch anything, only the child life will be entangled. So Divorce on the grounds of mental cruelty /Adultery(if could be proved by wife's lawyer) with Interiem Alimony is the best to fight with.

I hope everyone agrees!

saravanan s (legal advisor)     20 July 2015

mr too tired and exhausted dont draw parallels between your case and the querist case.in your case the person who had filed false 498a is not the sufferer but here the woman is the sufferer. i appreciate you all fighting for mens rights but also try to give some good advice as to what the suffererer must do.

i appreciate whole heartedly the advice given by mr.prasad  and also the advice given by mr.walk alone.

and i also withdraw my earlier advice as it is wrong and support mr.walk alones advice

saravanan s (legal advisor)     20 July 2015

tired and exhausted (Production Manager)     20 July 2015

Mr Saravana S i m not drawing any parallel to my story or anything... i just spoke about yourmentality.. and like you there are many lawyers who misguide the girls as they know they can make money and create problems for Men. 

That's all i wanted to convey... I really appreciate that you accepted that your advice was wrong... 

1 Like

(Guest)

Even if file 497 it very difficult to prove in court adultery, almost next to impossible.

 

I suggest, if relationship is not working, bettter try to work on relationship by having more Se x.  If that does not help and husband or wife is of loose character, divorce the person and marry someone else.

 

Its better to forgive, forget and move on.  No use keeping grudges and building grudges and roaming to court filing false cases. Simply waste OF PRECIOUS TIME.  Time and tide wait for none is a age old adage.  all the best.


(Guest)

Even if file 497 it very difficult to prove in court adultery, almost next to impossible.

 

I suggest, if relationship is not working, bettter try to work on relationship by having more Se x.  If that does not help and husband or wife is of loose character, divorce the person and marry someone else.

 

Its better to forgive, forget and move on.  No use keeping grudges and building grudges and roaming to court filing false cases. Simply waste OF PRECIOUS TIME.  Time and tide wait for none is a age old adage.  all the best.


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