Civil Procedure Code (CPC)

Divorce from an unfaithful wife and Custody of girl Child


 

My friends wife has affair with a coworker after many years of Marriage with my friend.  My friend is in absolute distress now over his son and daughters future.  Wife has acknowledged a lot in detail about the relationship outside marriage, after being caught red handed with letters.  She has had a very close relationship to the extent they considered each other husband/wife.  She allowed him to tye symbolic mangal sutra, which she claims was not serious ceremonial affair.   She expresses guilty feeling and rependence now fearing bad name, but everyone knows it is only to save her own self image and because she knows her husband is well to do and can give her all luxury in life.  Obviously not out of affection.   She and her boyfriend had planned to continue their relationship secretly if they were not caught for life.  She is unemployed at present.

My friend wants to divorce, but does not want to lose his 3 year old girl child and 5 year old son at any cost, whom he loves very much.

Under the existing circumstances with his wife's affair coming to light, can he get divorce and retain the custody of his children for the rest of his life?  What are his legal options?

 
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Senior Partner

@ Author

 

1. Under current provisions of Law if she is hell bent to continue relationships with her ex flame in marriage then she will go to the extent of blackmailing (emotionally) this friend of yours once he pushes Divorce envelop into her territory without "solid evidences in hand".  He according to briefs have secondary evidences which if taken to Bar then it is a long drawn court case which will chew his mid life happiness and left with visitations of children at the end of board is my view.

 


Hence the safest way out in presented brief is;

 


1.1. You say in this brief that your friend is "well off" so ask him to hire 'detective agencies services" under “contracted Letter Head mode” and ask such professionals to provide him with date - stamp video / pics. of compromising positions she is found in with her ex flame for a continious period of 3 months.


Mind it, it is a very slow process but quite efficient in cases where one want to bake the pastry as well as honor to eat it too ! Also mind it, it is seen that these detectives double cross (means they join hands with other party too) so that element of ‘chance’ he should be prepared for (hence reputed double checked detectives agency services one shall go in for is a old saying)  


Till such 'evidences' in hand he should behave like a saint meanwhile preserving those "evidentiary value letters" safely (probably in custody at his office or with a relatives place).

 

 


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It is sad to know that under the existing legal system, my friend will go through hell for a long time even though he is the proven victim.

The option of detective wont work because:

1.  Detective agencies services could have been the best option had the lid on the issue was not blown open and confronted already.

2.  She is alert now, playing safe, and alledges to have  severed communication with the unofficial husband aka boyfriend.  Therefore, little or no possibility of getting evidence from future misbehaviours.

What are the options for mutual separation with least issues and zero maintenance?

 
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Has no one got a clue or suggestion as to how this matter can be handled?  The forum boasts of having 1,08,291 members with mostly lawers....

Sorry if I am sounding upset, but the fact is I am disturbed by the fact that no one wants to come forward with any suggestions....

All I heard from the legal expert I met personally is that my friend has to live with his unfaithful wife because law does not have any provision to save him out of that marriage unless she is sympathatic of my friend.  How on earth do we have such idiotic system in place, which does not have any logic whatsoever?  A husband forced to live with unfaithful wife???  I may be wrong, please correct me if the law has real options to save a victim such as my friend who is suffering everyday not knowing what his and his childrens future will be at the hands of this manipulative wife!!!

 
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Advocate

Dear Brother- orally admitting the extra marital relations is nothing and could not work in the Court and you will not be able to get divorce from her. You cotact the detective to get the documentary proof anf also file an application with the police giving the full details of the relations. When they have the relations, they will certainly meet . One or two actions of adultary are not sufficient to prove adultary. If you get the divorce on adultary then youalso will get both the childerns.


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