suhari (engg) 26 August 2013

Need help in applying divoce

I need help,

I married its 3.5 year's now, dont have kid yet. my marriage is a love marriage, before marriage its was more then 5 years was in relationship. My husband doing financial business. & I started supporting his business after marriage. before marriage i was working MNC company as S/w engineer, left my job the left my career and joined him.

our marriage did not accepted by his family, but my family accepted it. since the marriage itd go well, Since after marriage he expected to have a kid within 1 years, whereas i dint agree because, i felt it was too early and even i hav a sis who dint married yet, waited for her to get married, Later i accepted to have a kid.

I was a frequent vistor to my mom's house. because she stayed close to me, Since i had no friend no much of family member who are close, and he always use to be very late to home. I was feeling all alone, and frequent argument was happening, once he reach home visiting mother's place. he use to start up argument.

by this upset of his argument, i use to visit my mother's place, quite often which he dint. like. He warned me for that as well. there was many situation he started abusing me physically and mentally. I sustained only because i loved him and got married.

Later he found many girl friends, where he spent maximum time on phone. started speaking late night, moving around, which i dint like it. when i questioned he managed to handle me, he was forcing to have a kid with me, never use to get conceived, but every time he use to fight i never had a peace of mind with him, Started abusing me & my family.

I still managed to handle home and him office. AS the day goes on, He started ignoring me. I thought ok he is wild at me, let me give him the space to relax then talk to him, this continued for couple of month. in this period i dint realised that i started having illegal relationship.

Later i started tracing him to check what happening, slowing i got to know many thing, from his girl friend.

When i questioned him he accepted that he did mistakes, having physical relationship with other ladies.

For this mistake i accepted assuming that maybe i would have been the reason for him to do this mistake, within a day. Later he came with an other shocking news that he gave conceive to another lady who is now 3 months.

He is requesting me to accept her in my life sharing my husband, which i cant do. But he is not ready to leave her either me, "he say's that he cant leave without me, but i cant leave even that lady since i promised her."

Please suggest me what i have do, how to handle this situation, I cant accpet him with other lady with baby. I need divorce. how to go about it. Please help.

Reply Follow

1 Replies

Tajobsindia (Senior Partner ) 26 August 2013

1. Talk to him for Mutual Consent Divorce (MCD).
Reasoning:
- Tell him straightforward it is not possible to have two ladies for one man under same roof legally.
- Marital life will not be smooth for both if one spouse continues extra-marital relationship and forces such illegal relationships onto another.
- Fastest way to part company from each other.
- Seek some alimony from him under terms and conditions of MCD.
- Less daily acrimony / lack of trust / less peeping over once shoulder / less daily or long time worries as to what other is doing or where s/he is which is un-healthy way to continue a relationship.
- The weaker spouse gets chance to stand up on its own feet afresh.post quick MCD as noticed from background of one spouse in the brief.

2. If he does not agree for MCD then collect evidences of 'late night calls' and contact a seasoned Advocate found via reference locally and file Divorce under mental cruelties ground (assuming parties are Hindus) citing 'late night calls without consent of other spouse with another gender' is cruelty to a spouse. There might have been other instances of cruelty all these years which may be added to said Suit matter. If housewife seek pendentelite maintenance during contested divorce proceedings followed by one time alimony and part company from each other. Plain divorce takes time in adjudication. if not able to afford legal fees then contact District Court's Legal Aid Center for providing almost free Legal aid to you on State expenses.

3. The other lady being pregnant as alleged by you may not bring pure adultery – bigamy criminal offence charges if pure criminal complaint matter case instituted but same set of allegations can be incorporated under a Divorce suit and via ‘inclination’ probability doubt you may get divorce in your favour. Also seek your hired advocate’s assistance to freeze call details from his service provider as same will stand helpful later on during evidence stage.