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Subhomoy Das (Retail Manager)     27 February 2013

Divorce

MY WIFE LEFT MY HOUSE 2 YRS BACK. WE HAVE A 1.5 YRS OLD SON. SHE STAY AT HER PARENTS HOUSE AND WORKING IN A HIGH SCHOOL AS SCHOOL TEACHER. I HAVE MADE REPEATED ATTEMPTS PURSUING HER TO RETYURN BACK TO MY HOUSE. HER PARENTS ARE OPPOSING HER NOT RETURNING TO MY HOUSE. SHE LISTENS MORE TO HER PARENTS THAN ME. I HAVE VISITED HER AT HER PARENTS HOUSE MANY TIMES.

NOW THE MOST IMPORTANT FACTOR IS THAT I FOUND THAT HER MOBILE NO. REMAINS BUSY FOR LONG TIME LATE NIGHT AND EVEN EARLY MORNING. I HAVE ASKED HER REGARDING THE SAME. INITIALLY SHE TOLD ME THAT SHE USED TO SPEAK WITH HER COLLEAGUES (TEACHERS). BUT I STILL DOUBTED AS THE TIMING AND DURATION OF THE CALL SEEMS TO BE FISHY. THIS IS NOT ONE DAY AFFAIR. THIS IS GOING ON DAILY. WHEN I WENT LAST TO HER PARENTS HOUSE I AGAIN ASKED HER. BUT SHE DENIED. I ANYHOW SCROLL HER MOBILE WITHOUT HER KNOWLEGE AND FOUND ONE NO. TO BE DOUBTFULL. SOME PERSONALISED SMS HAVE BEEN SENT TO MY WIFE MOBILE NO. AFTER I RETURN TO MY HOUSE I MADE A VOID CALL TO THAT NO. WHEN I ASKED MY WIFE OVER PHONE SHE ACKNOWLEDGE THAT SHE HAD A RELATION WITH HIM. RELATION JUST FRIENDLY RELATION OVER PHONE. THATS WHAT MY WIFE TOLD ME. BUT MY WIFE ALSO TOLD ME THAT PERSON HAVE PROPOSED MY WIFE FOR MARRIAGE AND ASKED HER TO PROCEED FOR DIVORCE PROCEEDINGS WITH ME. BUT MY WIFE HAVE NOT DONE ANYTHING SUCH YET. MY WIFE IS IN GREAT CONFUSION WHETHER TO LEAVE ME AND GET MARRIED WITH HIM AS WE GOT A 1.5 YRS OLD SON. BUT I FOUND THAT MY WIFE HAVE DEVELOP A SOFT CORNER FOR THAT PERSON. THE MAIN HINDRANCE IS THAT THE PERSON IS 7 YRS YOUNGER THAN MY WIFE. WHATEVER MY WIFE HAVE TOLD ME OVER PHONE REGARDING HER RELATION WITH THAT PERSON HAVE BEEN RECORDED ON MY MOBILE. I HAVE BOTH THEIR PHONE CALLS DETAILS. I FOUND FOR THE LAST 2 MONTHS MY WIFE CALLED HER 21 TIMES MOSTLY IN THE EVENING. SENT 14 SMS. THAT PERSON HAVE CALLED UP ON MY WIFE MOBILE 578 TIMES IN THE LAST 2 MONTHS AND SENT 56 SMS.

IF THE DIVORCE / RCR CASE IS FILED WILL THIS EVIDENCE AND VOICE RECORDING OF MY WIFE WILL BE HELPFUL FOR ME TO GET THE JUDGEMENT IN MY FAVOUR. CAN I FILE FOR DIVORCE AGAINST MY WIFE UNDER DESRTION AND CRUELTY. PLEASE ADVICE



Learning

 4 Replies

Raj (fr)     27 February 2013

First you must be clear what you wish to do.

Asfrom your case the relation is over.

File for child custody and divorce and live a fresh life.

Rgds,

Raj

advharshavardhan (Executive)     27 February 2013

Yes by mutual consent u can proceed further

v.jayachandran (advocate)     28 February 2013

what my learned friends told is correct. first u make urself clear. since ur wife is interested in that guy just ask her about divorce by mutual consent and since she is earning you neednot give her too much alimony. first talk with her and go convincingly by mutual consent if she is not agreeing then frame charges against her and file divorce before appropriate court. take help of your local advocate and he will help you in your process. best of luck

Rahul Kapoor (Legal Enthusiast)     28 February 2013

hello,

first you should make up your mind.

the decison will be yours.

you cannot apply for child custody till child completes age of 5 years.

 

regards-

rahul.gogreen@gmail.com


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