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Annapurani (SE)     09 May 2016

Need guidance in divorce

Hi All,

Need guidance in filling divorce. I am married for close to 4 years now. Last year I found that my husband has relationship with another lady (I have video evidence for this). After that he apologized and wen on compromise and started leaving together.

I work out of country and he is in India. I had to come here for couple of months and between this gap he again started having relationship with another lady.

Now I want to file divorce, I feel unsecured to live with him. Also he has been taking a lot of money from me for last 4 years and we have given dowry also.

Can someone tell me how I have to get started with this and how hard it will be to get divorce from him.



 7 Replies

P. Venu (Advocate)     09 May 2016

You can seek a divorce if the evidence you have could be proved to be matrimonial cruelty. However, the process may take time. While the case could be pursued by duly constituted POA, your presence in the court would be required quite often. A better option would be divorce through mutual consent.

Having said that, the basic problem appears to be that you are not staying together and your earnings are tempting him to be wayward. It is my considered opinion that doors ar still open for the marriage to be saved and strengthened.

 

saravanan s (legal advisor)     09 May 2016

you gather proofs for the adultery committed by him now in india by taking the help of the detective services.with those proofs in hand you can add adultery in addition to cruelty as a ground.also try to convince him for mcd as its a better option as suggested by venu ji

saravanan s (legal advisor)     09 May 2016

you gather proofs for the adultery committed by him now in india by taking the help of the detective services.with those proofs in hand you can add adultery in addition to cruelty as a ground.also try to convince him for mcd as its a better option as suggested by venu ji

Rohit kumar   09 May 2016

Hello Madam, In my opinion, yes you have a right to divorce on few of grounds as given by u, u can seek divorce on basis of Cruelty n also charged ur husband under adultery for which u must have some vital evidence. Another option is there for divorce is By mutual consent, which would be more convenient in ur case bt u have to convince ur husband for the same. U can also file a case for dowry n could get the maintainance as well.

Rohit kumar   09 May 2016

Hello Madam, In my opinion, yes you have a right to divorce on few of grounds as given by u, u can seek divorce on basis of Cruelty n also charged ur husband under adultery for which u must have some vital evidence. Another option is there for divorce is By mutual consent, which would be more convenient in ur case bt u have to convince ur husband for the same. U can also file a case for dowry n could get the maintainance as well.

Dr Martin Campbell (Doctor)     09 May 2016

Do you have video of him having s*x with that woman?  If yes, you can get divorce for sure, if not it is impossible to get divorce from your husband.

 

However, point here is why dont you give rejuvinating the marriage?  Try pump in some fresh blood into the marriage, why does your man seek pleasure outside?  Simple reason is you have failed to provide it at home.

 

Anyways, think about reconciling, divorce is not easy, its after effects are not either.  Better think than be sorry.

Adv.Yashwardhan Tiwari (Advocate IPR Associate )     11 May 2016

You have good case for divorce with proof you discussed and it's very easy to get divorce in India. Just you need to make a call on 100 or go to nearest police station with your grievances. They will register a criminal case or will refer it CAW cell where you can set your terms of Divorce with mutual consent. For any assistance in detaill feel free to call Adv.Yashwardhan 9711787139


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