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jp   30 June 2015

Divorce advice

I had posted earlier too but did not get any good advice. I am an NRI, who has proof of adultery of wife. Wife has verbally admitted and that has been recorded on a voice recorder. I tried to forgive her but I cannot. So, I need to file for divorce. Wife lives in India and we have been married for 20 years. Can I file the divorce from outside India? If adultery is proved does the divorce become easy? What counter cases can be lodged against me if I visit India? What happen to children, my ancestoral property and the joint property we own?



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 3 Replies

Globe Law Legal (Advocacy)     30 June 2015

Yes divorce becomes easy if you prove adultery. Apart from that if you have other grounds its even better. The counter litigation that might ensue depends on the fact that for what duration you have been living apart from your wife( you have not elaborated upon the same). Counter litigation which is definitely going to be filed is maintenance case under 125 CrPC. Another would be for custody of children but that depends on the age of your children. If they are major i.e above 18 years of age then they can decide for themselves.

And on the property front your ancestral property remains yours with no share of a divorced wife but as regards the joint property it depends on the nature of property.

 

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     30 June 2015

I do not know what you regard to be good advice. However will try to help you. Regarding your query of whether the divorce shall becone easier upon the adultery being proved, it would actually not just make it easy but in fact will help you win the case. What i mean to say os that you shall not have to prove anything else. However dultery is very hard to prove. regarding the admission made on voice regardings, the truth is that the way and manner in which electronic evidence can be used in court is very technical and categorical. It involves a lot of essential conditions that need to be taken care of and a particular affidavit u/s 65-B of the Indian EVidence Act which needs to be filed as per law.

Whether or not tyou coming to India is necessary totally depends on the terriroty and city wheere your case shall be pending because there are different trends in different courts. As such the trend in Delhi is gto dispense with personal apprearnce of the party as long as the lawyer appears. However it is different than the said procedure in some NCR areas.

Any counter cases which may be filed by her do not depend on your presence being in India . If she chooses to she may file the said cases even fi you are abroad. 

Better take fast steps 

Augustine Chatterjee

9999931153

Mimi Banerjee   01 July 2015

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