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Vismay Patel   19 December 2023

How to get divorce if wife refuses to leave matrimonial home after being caught with other man

I want to file divorce against my wife. Around 2 months back she was caught red handed in another relationship with another men. I am having her telegram and whats app chats where there are discussions about kiss / s*x and other physical things. Also there are certain messages where I am insulted against that person by my wife just to grab his attention mostly. I have proof that they also met in person 3 times (in public place 2 times , and in car one time). I have no evidence about any s*xual intercourse (She also refuses) but they hugged and kissed (she agreed on the hug but she told she was not comfortable in kissing). As per her opinion that was just a time pass and its not a big deal. She is saying that it was her mistake and will never repeat again but I can not trust ever. Just because of our child (4 years), I have taken 2 months to decide what to do next. But finally I feel that I can not proceed with her in my life.
After this incident her father took her to her home for infinite time and she refused to come back.That was a golden chance to me to proceed further legally but due to intervention of some of our common friends and they demanded to give her a chance and unfortunately I allowed her to come back home.  

Currently she is not ready to leave our matrimonial home (both names present in index copy, first name is mine). I want to proceed with divorce only. What can be the best suggestion / option I have. On what ground I can file a divorce?

-- Many times she behaves aggressively to me. ( I have audio recodings)

-- insults me and my family members to other persons (I have video recordings)

-- She demanded all the jewelries to be kept at home which I denied.

-- She neither agrees not disagrees for mutual consent divorce (Not able to judge her)

-- She threatened in past and now as well regarding suicides.

-- Many times when she is angry she runs away from home. (I don't know where she goes as I stopped chasing her. But she went to one of my friend's home once or twice) 



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 1 Replies

T. Kalaiselvan, Advocate (Advocate)     19 December 2023

You can file a divorce case on the grounds of cruelty. 

If you know the particulars of the adulterer,  you can include adultery as another ground for divorce. 

You cannot drive her out of your house until she remains your legally wedded wife. 

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