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lifeisbeautiful (searching)     28 February 2015

Need clarification

Dear Experts,

Very soon i will be filing for MCD. I am seperated from my husband since 19th Nov'13. Due to compatibility differences and he loosing his interest in me and showing more interest in women outside. Its been more 1.25 yrs we both are living seperately waiting for each other to file for divorce. In the meantime i  have saved his facebook chat conversation with girls flirting writing words like " i love you". In due course he also had made his profile on matrimonial website and have been sending request on faceboook to shortlisted girls to move ahead with the interest showed. I have few pictures of girls who shared pics with him of thier half covered bodies. lately while we are seperated he started chatting  with a girl of other state he met on social networking site, booked plan tickets to her city for two days, booked a hotel, met her and clicked pictures of early morning with her in the hotel room but with clothes on with girl leaning on his back.  since i want to go for MCD i am just collecting these evidence just in case he denies MCD or alimony which he is denying right now, are these evidence sufficient enough if he contest divorce or can these bealso produced in MCD? 

Coming back to me, i waited an tried for almost an year til june 2014 to get back to him but he never wanted me back. I started looking ffor a job and am still looking. i started going out with my school friends for clubbing and parties post june 2014 which i eventually started liking as it kept my mind away from his thoughtss. I also met a man who is single and we started talking and meeting often and started clubbing together. Now we both are in love with each other and he wish to marry me but unable since am only seperated aand not divorced. I posted my birthday pics in a club on a social networking site which my seperated husband saved and is now. blackmailing me that he will show thes pictures  of clubbing with this guy to everyone in relatives and also said that he hired a private detective to find out more about the infedility. 

I was loyal to my husband for 3.5 years of marriage till i stayed in his house even though he stopped loving me. can he prove my infedility or adultery even after being seperated as my relationship with this man started after being seperated for over an year. I know he wont give me divorce as a revenge now as he does not wish me to get married and want me to suffer. 

Does his profile of matrimonial website, his chats and visit to another state and pictures of hotel room with that girl be of any help to me in seekin divorcee. he wants to make it dirty , however i want it mutual divorce as i wish to get married now to the man i love. 

Please suggest the pro's and con's of both and what can i do to seek divorce asap.

for further detailss of marriage and seperation part you can refer to my other forums and activity.




 9 Replies

R.K Nanda (Advocate)     28 February 2015

best remedy is to go for MCD.

You can also opt for CLICK TO TALK option for more legal advice on mobile.
1 Like

lifeisbeautiful (searching)     28 February 2015

Thanks, however i need more clarity on this case as to will i get  any alimony if he proves via private detective about my relationship with  the man i want to get married to? or is my proof of his profile on matrimonial websites, chats and pictures sufficient to counter his proofs? He is ready to give mutual only in one case that i return the jewellery i got back from his home in july last year.

Mango (Consultant)     28 February 2015

Appreciate your honesty in talking about this issue from bottoms-up. I second R. K. Nanda Sir opinion that MCD is "the" best option. What I could add into this is that both of you have to understand the ground rule of court. Adultery is adultery no matter what's the rational behind it. If your husband is/was involved in adultery then it does not grant you the liberty to go into the same profession.

Second, alimony is one thing for which both the parties would always contest-for! In your case, how  hard you are going to contest for it, the more opposition party is going to sought for it. Both of you had to bore the burden of this marriage. No matter whether you calls him "p*mp" on you initial petition or he calls you "prosti**te" on his written statement (WS). It will level the frustration both of you had from this marriage.

Noone can stop you making the final decision but better would be listen to "experienced" lawyers (I mean, only experienced). My wife hired some 3 Phd holders clowns to contest her 0.1 billion INR divorce case who had given her a lot of hope and after 3 years she switched her lawyers.

Looks for feasible alimony can be paid by your hubby and make sure both of you saved yourself from clutter created by lawyers. Have a good life!


1 Like

Adv k . mahesh (advocate)     28 February 2015

already suggested and also you have also taken a decision so prepare on that and work on that because in MCD two appearances will be there and in mean time mediation will be there to reconcile and do not spoil in this 6 months time from first appearance to second appearance you should maintain better contact with your husband and in second appearance also he has to come had accept for divorce then only you will get 

and about evidences already you both parted (separated) then why this evidences this only will work to demand more alimony and here both are very busy in their private life for their future which should not be a hurdle for your future life 

so sit and discuss and draft all the points and negotiate what you want from him and what he want from you and draft your MCD petition and show to your known and file the petition 

1 Like


From writ-up, questions arises: 1] Whether you want  divorce?   Ans: Yes

2] You both in love with others?  Yes 3] You both want to marry again? Yes.

If the answer to above is in affirmative, best alternative is to go for MCD and marry again to lead happy life. As for alimony, law prohibits for alimony  upon second  marriage.

Samir N (General Queries) (Business)     28 February 2015

Interesting case.  First, it really does not matter who started the infidelity first. The fact remains that WHILE MARRIED you were both infidel to each other. The best option is to get a MCD. But it appears that the two of you are far from forgiving and moving ahead... some kind of an emotional attachment apparently is still lingering around. It will be very difficult for you to get alimony once he shows your pictures... Ultimately, in my opinion, the two of you have a balanced case. It is one of those situations where the party with the smarter advocate or the smarter party is going to prevail.  There is enough material for both parties to win. Either way, as you are planning to remarry, alimony is out of question. So, what are you fighting for? Conclusion: Give the jewels back, get MCD, get remarried, forget about clubbing and stay married.  If both of you are the clubbing types, history may repeat itself. Hopefully not.  

lcindiaa   28 February 2015

dear queriest,
frm the material u gather with picture, it seems u too hv hired service of third eye. nothing is wrng in it. bt it cost u more since u hv minute details of his evn outstn. doing.
nice wk.
like ur nature bt dont knw ur husband hs tooooooo !!!!!!!!!!!!!!
bt u forget to mention in this forum the advice of ur legal advisor.
with such material, it is blast like a atom bomb.
why u and ur advisor hesitate to blast a bomb ????

Indeed blackmailing is a heinous act.
assuming ur all relatives r well aware of new relation and accepted it thn u hv nothing to hide tht ur husband can expose in soc.
in tht case blackmailing word is hrd to swallow.

N.K.Assumi (Advocate)     01 March 2015

It is a case of win win situations, so in stead of washing your dirty linen before the public, better go for MCD. Please remember that you can not have your cake in your hand and eat it too.

1 Like

Adv. Chandrasekhar (Advocate)     01 March 2015

1.  If it is MCD, you both get divorce.

2.  If any one of you won't agree for MCD, and if the other party files contested divorce and after all the material comes on the record, the court would certainly grant divorce without second thoughts.

3.  You wouldn't get maintenance because chastity part is invoved.  Otherwise also, it is immaterial, as you are intended to go to the further marriage, which would stop the benefit of maintenance.  In the given facts, he will not give permanent alimony.

4.  Returning of jewel, if he can prove that they are his and at present they are in your possession, he will get them back.  Otherwise not. 

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