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Krishna (IT)     28 November 2013

Divorce - can husband ever get compensation

Hi ,

My wife wants divorce from me as she is in love with her old boyfriend. We have known each other for 10years and have been married 3yrs of these.

I'm willing to give a mutual divorce however i found out that she had been cheating  on me. I want to ask if there any way the husband can get any compensation for the mental harrassment and trauma that hes gone through.



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 10 Replies

rahul (director)     28 November 2013

if u know that she is desperate to go to her bf, then may be she can offer some money to get free from you.

you can deal with her outside court,

Deeply Hurt (PM)     28 November 2013

What a spot to be in bro!

 "she is in love with her old boyfriend... We have known each other for 10years and have been married 3yrs of these....i found out that she had been cheating  on me."

I must say this is a joke of the millenium! Hahaha it doesn't take rocket science for you to find out she's been cheating on you - because if she has known you during those "10 years" she had parallely "known" the other guy as well. I really am amazed at how you claim to have known her for "10 years" and still couldn't find out about her real character!

Clever & cunning girl who has kept her options open all these years and chosen the correct "bakra" now when the conditions have come to maturity - because she can no longer play this game.

All you can do now is atleast get some relief for you by getting a MCD (without paying a penny or maintenance)- since the longer you start digging this sh*t - the more you're in for more & more hurt & humiliation.

You can file cases of adultery on her if you have strong evidences but even then a girl doesn't get punished for adultery in this great land called India, does she?

Laxmi Kant Joshi (Advocate )     28 November 2013

1. if you are sure that she is indulging in affair with her old boy friend even after her marriage with you , and wants to marry with him then It means she will be in hurry for mcd use this situation and if she is working negotiate with her as you can , that first of all you donn't want to give divorce to her , and if she so desire then you need compensation for that .2. if you can collect proof of her illicit relationship after marriage with her old boy friend then you can file divorce on the ground of mental cruelty u/s 13, 13(i-a) and u/s 13(1)(i) for after marriage had done voluntry s*xual intercourse with any person other than her spouse .

T. Kalaiselvan, Advocate (Advocate)     28 November 2013

What kind of compensation do you thnk yo can demand from her, for deficiency of service?, if so approach consumer forum, i.e. her parents.

Dr J C Vashista (Advocate)     29 November 2013

I endorse the advise of Sh. Laxmi Kant  Joshi

Krishna (IT)     06 December 2013

Thank You All for your response.I was in a state of shock,hurt and anger when i posted this query. The reason I was seeking compensation was that I had left everything (job etc) in India and followed her abroad as per her wish. I had to struggle for many months before i got work and now with this situation i have to return to india and start looking for job again and hence the compensation part. However I'm bit more stable now and  have come grasp with the situation as such would like to request to please disregard the compensation query and help me get the divorce.

Ideally I would like to get out of this mess as soon as possible and I know she  is willing to agree for a mutual divorce.In regards to this i have a few questions and would be grateful if you experts can guide me.

1.We only had a court marriage in Bangalore. Does that mean we have to file for divorce in bangalore or can we do it any city in India. By any chance can we do it from abroad?

2.Do we need to hire separate lawyers for this or a single lawyer can help us. Is there a option of filing the divorce on our own? If yes, is it a straightforward procedure.

3.I have heard that after filing divorce there has be a separation period before the final decision. How long is the separation period, is it always a fixed or can we request for a lesser time.

4.Its quite likely that we may still share the same flat (different rooms) abroad during the separation period as we cant afford two flats. Will this affect the divorce decision in any way.

5.How long the entire process take. Is there a fast track court or something that can speed up the matter.

6.How much cost is involved in these court proceedings.

7.Even though we are filing a mutual divorce,do I need to do something to ensure i safeguard my interests in case my wife later demands alimony later. That is can she change her stance from a mutual divorce to a contested one.

8. Lastly being optimistic ,if things work out between us in the separation period can we withdraw the mutual divorce.

 

Thank You

 

Krishna (IT)     08 December 2013

Experts kindly please help me. 

Dr J C Vashista (Advocate)     08 December 2013

Engage a local lawyer

Krishna (IT)     09 December 2013

Thank you for your response Sir. I'm currently not in India so i'm trying to get all the information so that we can both go to India next month do the needful.  Could you please let me know if we need two separate lawyers or one act on behalf of both of us.Thank You.

Krishna (IT)     09 December 2013

Thank you for your response Sir. I'm currently not in India so i'm trying to get all the information so that we can both go to India next month do the needful.  Could you please let me know if we need two separate lawyers or one act on behalf of both of us.Thank You.


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