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MS (CEO)     27 March 2012

Please advise experts....looking for guidance

I am 42 years old Mumbai resident married for 20 years now. I have a 18 year old son. . About 5 years back, i discovered that my wife had an extra marital affair with a relative of hers for the past 14 years. She accepted and then left my home for 10 months and stayed at her parents' house. During that time, i approached lawyers and sent her notice which she and her family avoided. Then she begged and pleaded and forced her way back into my house. Wev accepted her thinking it will be better for my son. But, she continued with her affair and fooled us for 4 years saying we will get divorced mutually. Now, 10 months back, i have filed for divorce on grounds of mental torture and adultery. She reuses to give divorce and in return has filed an application for DV against me and my mother. My parents have no role to play in this as they have been very good in-laws to her these 20 years. My son has suffered the most, he has failed twice, has developed many insecurities and complexes owing to the ugly situation at home and is ashamed of his mother's misdoings. It is a very long procedure in court, difficult to get dates which my wife avoids and delays. The judge has ordered for mediation. Please suggest if this case can be settled out of court through mediation. How can i get free from this woman who is torturing my family and me for 5 years now. She even practices black magic and wicca. I want to settle this case as soon as possible . My parents' health is deteriorating owing to extreme stress at home. I and my family are willing to give alimony(even if Mumbai/maharashtra govt has decided no alimony for adulterous women). She is still insisting on reconciliation and not willing to give divorce as she wants to continue living in our house and enjoy all facilities and perks. During the past 3 years, i met a lady(divorcee) ad am involved with her. She comes from a good family and we both want to be married. What do you suggest? Should we try and insist on settling the case through mediation. Or fight this case in court and try to prove her adultery? My wife's parents have not responded to my and my parent's calls wanting intervention. Till, now they have not even appeared in family court hearings. They also live in mumbai and are rich and affluent. Should we insist on calling them to meet the mediator What do you suggest Experts?


 7 Replies

k.chandrasekharan (advocate)     28 March 2012

Try to settle on whatever terms feasible, both cases through mediation in court. No out of court settlement should be ventured.

You have to endure the situation, as there are no short cuts in courts. Try in mediation for divorce or with the help of your advocate, at least for judicial separation. Adultery is very difficult to be proved and even if it is against your wishes, if insisted upon, do not press the allegation.

Don't complicate the matter by your own affair on the sidelines. No thought of second marriage should be entertained until the decree of divorce becomes absolute.

M V Gupta (Advocate)     28 March 2012

Your stand during the mediation should be for divorce by mutual consent. If  your wife does not agree for this u have no other alternative to fighting ur case for divorce on the grounds of adultery and cruelty etc. I dont think u can have any life with this kind of lady. I  symapathise specially with ur son. 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     29 March 2012

Either settle or be prepared for a fight.





Shonee Kapoor


Mutual Consent divorce is the the best option, Get your wife ready to give the divorce, thats the only easy way to live ife peacefully, I feel sorry for your son...

Involve elders, You can still live your life with that lady by having a Live-In relationship secretly if your wife does not agree for divorce,

Find a way out of court since Indian Legal system is rotten and it will take your whole life to get a Divorce from your wife legally.

Settling abroad is also a good option....along with your parents....

Aishwarya (Teacher)     29 March 2012

its ll be better to resolve the issue amicably as it seems at this point of time it would be difficult to reestablish things again .no use in fighting long long legal battles for no good reason..

MS (CEO)     29 March 2012

This is the latest update on my case. We had a last mediation meeting yesterday and my wife simply refused to give divorce and walked away. The mediator was also shocked at her arrogance. He will now  make the report that mediation has failed. She has even challenged me that she won't let me live in peace. Is there any way I can get  aor apply for a speedy trial ? Please advise. Is there any way we can get the DV quashed? I have read a post on this forum about  proving DV false with the help pf happy family photos of the past. Kindly advise on the same.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     30 March 2012

Try 21B of HMA.


Though granted sparingly.





Shonee Kapoor

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