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Ashish mankad (na)     27 November 2016

Divorce based on wife's emotional affair

Hello Everyone, 

I got married almost a year ago. Immediately after marriage, I got to know that my wife is having affair with someone else through her whatsapp messages. I confronted her and her parents about the same. At that time, I was been assured that it won't happened again. After that, I caugher her 2 more times (1 time again chatting in WhatsApp and 1 time on call). After that, our situation got worsen. When everything came out, she got angry, she beat me, broke 2 mobiles. I have all proofs of WhatsApp chat, call records of her mobile from our engagement time till date. We didn't want to take this to legal matter, but now they are asking for 25 Lakhs for divorce. I just want to know if I want to file a case against them, on what grounds I can file and what are the pros and cons of filing case? As most of our relateives are asking us not to file case as most of the time, courts take side of woman's side only.

I hope you guys can help me here.



Learning

 13 Replies


(Guest)

You can file divorce petitoin based on cruelty ie beating you,  If you have evidence of her talking on whatsapp, such can be used in court.  This is not a strong case to seek divorce.  I am of the opinion that, after marriage women should maintain decorum of marriage, but you too are responsible for her faltering, if you had given enough attention to her, she would not have spoken to outside person.

 

Anyway all this will have negative impact on marriage.  Better to go for mutual consent divorce, but price what they are asking is too high, provided you have taken dowry etc then you can pay back what you had looted from them.  If she contests your cruely application, case will take nearly a decade to get over, in meantime you will have to pay her alimony while case is running and there is no gaurantee whether divorce will be granted or not, but irrespective of all that, you wil still continue to pay alimony to her, if divorce is granted too, then also you need to pay alimony to her till she remarries.   So you need to think deeply regarding your next move.

 

If they come down with the price for your freedom, say 5-6 lacs, go for it, pay it and get divorce.  All depends on your pocket.

Suri.Sravan Kumar (senior)     27 November 2016

its better to go for conciliation with elders and try to sort out the matter amicably.

rahul abhyankar (advocate)     27 November 2016

first file divorce petition and then try to negotiate and settle the matter.

Sachin (N.A)     27 November 2016

If you repeatedly ask them for mutual divorce they will ask for higher amount as they will think that you are very eager for Mutual divorce, So you should not take first step.

Generally, first  step of ladies is to move CAW Cell and they are master of convicing for MCD. So i suggest you let her go to CAW Cell and ask i/o to talk to her.

Ashish mankad (na)     28 November 2016

Thanks everyone for their valuable reply.

@Helpinghand: I am not defending myself, but she had already had an affair with that guy before our marriage got fixed and it continued after that too. I tried my level best to make her understand, even my parents tried to convince her parents to stop her. But everytime she made new story and her family believed her. She is not staying with me for more than 6 months now. Last month, when I show all proofs to her parents that she is still in touch with other guy, their response was "Now she is at our home. She will do whatever she likes to do.

And apart from that, we hadn't taken any kind of dowry from them and whatever they had given to their daughter (like kitchen stuffs, gold ornaments, clothes, etc), we have returned everything including the gifts they had given to me.

Ashish mankad (na)     28 November 2016

And one more question. If I am filing case against her and it goes to court, obviously it can take much time. So during that time, can she make live-in agreement with someone else? I mean is that legal?

Adv Prashant (SELF PRACTICE )     28 November 2016

No, officially she can't engaged in live in relationship with other during pendency of divorce case filed by you. Besides if you actually want divorce than file you case without delay showing any ground such as cruelty, harassment, unable to perform conzunal activity, madness etc. Don't delay as the case will have to take time about 1-2 year or more depending on the intricacies of your case.

(Guest)
Originally posted by : 4am2378
And one more question. If I am filing case against her and it goes to court, obviously it can take much time. So during that time, can she make live-in agreement with someone else? I mean is that legal?

If she does it, it will amount to adultery. It can be charged under 494 and 497 of IPC where the other guy will be co-respondent. however, she cannot be punished according to Indian Law for sleeping around.  But the guy can go to jail if s*xual intercourse is complete and completely proved.  She can always take shelter that she is staying with a friend or relative.  I suggest it is better to live alone than to live with a woman who is unchaste.  Even if it will hurt you, to give money to her in one time settlement, give it and get rid of such a female. Via MCD.

whatnot   28 November 2016

As Helping hand stated earlier, it is difficult to get a divorce in court of law no matter if you a proof. The evidence will be thrown out by a competent lawyer.

Legally court accepts there could exists skrimishes between spouses. No ideal realtionship per se exists.

As per court you have go through all possibiblities before you seek divorce.

You should decide where you want to go from here. Easy way MCD. But at a cost and leaves you bit short changed. Or drag her to court through notice and let her demand a divorce and then you submit your facts and walk out so divorce is granted.

 

Play the system not our own imagination

Ashish mankad (na)     26 December 2016

Hello All,

Thank you very much for your all help. Right now, we have given everything to them (whatever they had given, including birthday gifts). Now there are few costly items which I had given to her and want them back. When we asked for the same, they said all those items are "Stri Dhan" and we won't return them back. Apart from that, they are demanding all gold jewellery which we had given to her at the time for marriage as according to them, jewellery is also "Stri Dhan".

Is it true? 

Sachin (N.A)     26 December 2016

Gifts given during marriage from either side is stridhan.

Birthday gifts are not stridhan. but once you have given the gift, it is her property.

If you are going for mutual divorce don't fight over these petty issues. 

Solve the matter.

Ashish mankad (na)     23 February 2017

Hello All,

Further to my above posts, I got to know that she has gone to abroad and she had mentioned her status as "single". Can we do anything legal in this?

Thanks in advance.

 

Ashish mankad (na)     23 February 2017

Hello All,

Further to my above posts, I got to know that she has gone to abroad and she had mentioned her status as "single" in her passport and Visa. Can we do anything legal in this?

Thanks in advance.

 


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