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Harsh   20 May 2017

Looking for divorce with pregnant wifee

Hi,

I got married last year. My wife is currently 3 months pregnant. Last month i came to know that she had an affair before marriage and she continued the same after marriage. My wife's biyfriend used to threaten me if we had a small fight without giving her name. I did a police complain against the boyfriend and he confessed it in police station.

 

My wife is at her parents home from the last month and they want to come back at our home and reconcile. I would like to have divorce with my wife now.

 

Please guide me on the next steps i can take for divorce. 



Learning

 9 Replies

Harsh   21 May 2017

Our s*x life was normal and the baby should be mine as we had s*x during that period.

If I file for divorce now what cases she can file. 

I have phone records of my wife calling her boyfriend 8-10 times a day when she was at work. I have a phone recording where the boyfriend said that they both liked each other before marriage. In his police statement he has said that he knew my wife for past 4 years and he was giving me threats since my wife shared with him that i/my family had argument or fight with my wife.

Can i file for divorce now when she is pregenant? If yes what will be the procedure.

Ms.Usha Kapoor (CEO)     21 May 2017

yOU FILE CONTESTED DIVORCE ON THE GROUND OF

ADULTERY AND CRUELTY.

laxmi kant joshi (instructor)     21 May 2017

If the child is yours then don't go to spoil your life arrange a meeting with her parents with some your respected elders of both side and find out the amicable solution give her a chance and live your married life , if not then file the divorce case on the ground of cruelty of extra marital affairs because she had maintained her affairs with her boyfriend also after her marriage .

Harsh   21 May 2017

We tried a lot for them to find an ambicable solution. They have gone to all my family members saying that I am a drunkard and beat and torture her whereas the truth is that she never wanted to stay with me. I was fully devoted to her but she was more interested in her boyfriend and she told her all details about me and he would threaten me. The baby was an unplanned baby but I accepted it and was happy, but she was not since it would restrict her going out now and then she could not meet her boyfriend. 

I came to know about her affair last month when his boyfried gave me & my family threat to kill us, to which also my wife didi not accept it was her boyfriend. 

I consulted a local lawyer who said that you cannot file for divorce now as she is pregnant. Wanted a second opinion so posted here.

Can anyone suggest a decent lawyer in Mumbai

Martin Sooji (Advocate)     21 May 2017

Originally posted by : Harsh
We tried a lot for them to find an ambicable solution. They have gone to all my family members saying that I am a drunkard and beat and torture her whereas the truth is that she never wanted to stay with me. I was fully devoted to her but she was more interested in her boyfriend and she told her all details about me and he would threaten me. The baby was an unplanned baby but I accepted it and was happy, but she was not since it would restrict her going out now and then she could not meet her boyfriend. 

I came to know about her affair last month when his boyfried gave me & my family threat to kill us, to which also my wife didi not accept it was her boyfriend. 

I consulted a local lawyer who said that you cannot file for divorce now as she is pregnant. Wanted a second opinion so posted here.

Can anyone suggest a decent lawyer in Mumbai

You file divorce. but you tell that you did not know that she was pregnant.  Mention same in the petitoin also.  Do some adjust ment  with the advocate.  Dont seek referral, nobody will refer any advocate.  It is risky to refer anyone in this field.

Marriage is about decorum.  No decorum, no marriage.  It might pain a little, but I dont think she will mend her ways, she will continue chatting with boyfriend.

After 5 years when you have used her properly, and kid is grown up  a bit, then automatically you wont mind her talking to anyone. You will also find somene else to talk to in your office etc.  Now as it is new, you are feeling uneasy as wife is talking to stranger.

Once little time pass, husbands wont mind wife going out for few days and not return home.

You file divorce now, you will have to pay alimony, face lot of cases on yourself and your parentage.  All that will be head bursting pressure.  You will be driven towards suicide.

Kid will be another headache.  Think. and contact 9821476202 Advocate Shaila, Mumbai.

A walk alone (-)     21 May 2017

Brother be cool. In your angriness and ego you forget about your own child. What a would be father you are? Before thinking about divorce don't you think for your child who is not born yet. Isn't it should be your first responsibility? What will be your child future after divorce? You both can remarry but what about child? Child need both parents to grow up. Divorce is not easy. You will roam a decade in court for divorce. Once you file divorce she will file false cases DV 498A and other cases on you and your family. Better stop thinking about divorce focus on your child. It may be possible she will change after child. Give a chance to reconcile it will save your and your child future .

Harsh   22 May 2017

Why do you say that i was unaware of her pregnancy? What will be the implications of that. The issue is not just her extra maratial affair but her nature is also a big issue. She used to fight and crate a big rucuks with all of us for a very small issues and it would be very frequent like once in a week or two weeks.

How can a man trust a woman who has shared each and every detail including bedroom discussion with a third person, and when confronted refuse it at every point. When police caught the boyfriend at that time my wife said that she told the details to her boyfriend.


(Guest)

You can adjust with her in bed, twist and turn, but you cant adjust when she shouts?  You are one male chauvinistic pig.

1 Like

Praveen Kumar (Intern Lawyer)     22 May 2017

Mr. Harsh,

I have readout your matter. I understand you should settle the matter through mediation cell. File a case under section 9 of HMA.

Section 9 in The Hindu Marriage Act, 1955
9 Restitution of conjugal rights. — 7 [***] When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly. 8 [ Explanation. —Where a question arises whether there has been reasonable excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society.] 9 [***]
 
You should think towards to save your married life as you will lost the many years during the proceeding of divorce and also lost the happy moments with your own child. So best is file a petition under section 9 and request the family court to transfer the same in Mediation Cell where the matter can be resolved easily. 
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