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Raj Thakker (Executive)     14 May 2018

Query

Hello,

I am having query my wife has filed divorced on grounds of Mental Cruality , however i am having some evidence against her that she has tried to have extra maritial affair.

1)Her photograph where boy is holding her from behind and hand is near her upper part of body(Pic is more like husband and wife one can look at first and say).

2)I recorded her father's conversation where he admits that she has cheated me,I recorded this using mobile recording and then email it to myself due to virus issue its no more on orignal device but its there on my email id , now how should i produuce it court?

3)I asked her father to provide me her CDR and i asked him by sending SMS which he has not provided(If there was nothing Fishy then he would have certainly given same).

In her father's conversation he has accepted everything , considering above 3 out of which 2 are circumstancial evidence and one is direct evidence where her father has accepted everything in that recording he also accepted that her daughter has accepted in front of her parents about her relationship.

Now how can i deny her maintanance??

I know there are 2 types of Adultary 1 which is under Criminal crpc 497  which needs strict proof including physical s*xual intercourse and other Civil where circumstancial evidence are sufficient , so what defense ground i can and i should use to avoid her maintanance??

Despite of all this she has filed divorce and I haven't

Please provide your valuable suggestions.

 



Learning

 1 Replies

Helping Hand ! (Advocate )     14 May 2018

Your wife having relatioship with someone else other than you is indication that you were unable to satisy her in all ways as husband.

Your wife having relationship with someone else has no relation with her seeking alimony.

There was one judgement of Gujarat HC where wife in adultery was denied maintenance.

But how much that case will fit in yours cant say. You already have an advocate, why are you posting your story here and expecting replies when you have paid him money?

The other part is your wife might have had s*x with someone else that does not debarr her from asking alimony. You will have to pay alimony to wife in case she is not with you. If you get divorced until the day she remarries you will have to pay alimony to her. No escaping paying alimony to dear wife.

Discuss with your advocate rest of the case.  It is not good to discuss these on platforms like these.  Your wife too must be reading all this. beware.


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