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Saksham singh (Hj)     01 July 2018

Matrimonial dispute - 2 yrs

I have a matrimonial dispute going on from last 2 years. Below are some facts

1. I found out about my wife having illegal affair with someone via her phone call recordings inside her phone . She accepted in front of me and her family members. I Asked for mutual divorce . she denied and her family members also accepted about her affair ,but not ready for mutual divorce.

2. I filed for contested divorce on the basis of call recordings . She denied
facts in court.

3. She filed false 498A and D.V Act

4. As I had already informed the police that she will file false cases against me . atleast 2 months in advance . even then FIR(498A) was lodged against me and my family members with all false statements

5 . 1 year passed and police did not filed chargesheet. On advice of some relative . I asked my lawyer to file a case under sec 3 of dowry prohibition. currently it's on PSE stages

7. She filed for maintainance for herselves. I have a girl child . For my kid of 5 yrs, I am paying by my will and also claiming custody for my girl child. The maintenance for my child is not on record , but I am giving cash to child on each hearning. I don't want to pay maintainance to wife.

I want to know, how should we approach this case . As I have already filed the cases .

I want

1. Divorce from wife
2. Custody of child

As they are not ready for mutual divorce . we will have to contest it till we get decree.

Will lodging fir(sec 3 dowry) on Thier name make any difference ? Is it evening possible ?


Any other suggestions for quicker results will be aporeciatable.

Thank you


Learning

 4 Replies

Naa Channel Naa Istam   01 July 2018

Mere call recordings doesn't constitute the crime Adultery which protects the women from prosecution and is currently under review in SC. there must be some physical contact between the married woman and the man must be married.
first of you check whether the otherside male is married or not at the time voice recordings and try to establish physical contact between them. then you need pay any maintenance to her and more chances of getting divorce along with immediate custody of your child.

Naa Channel Naa Istam   01 July 2018

sry typing mistake you need not pay maintenance to your estranged wife

Saksham singh (Hj)     02 July 2018

Can any expert comment on my questions ?

(Guest)

Agree with Ms. Kamakshi garu.

Few imbeciles give advice which will further deteriorate the situation.  You please post your problem in experts section free of cost to get real legal advice free of cost from experienced advocates.


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