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naresh (technician)     17 August 2018

Wife commited adultery and not giving divorce

Respected sir ,
I have married 06 ago ,we have 05yrs baby girl and 03 yrs baby boy .During these 06 years of married life we have lot of quarrels and not happy at all because she always stays unhappy with me even though how good i look her and take care of  children. when ever any small quarrel occurs she cries and calls her parents and relatives and goes to her home and stays there in a prolonged time  . Her relatives  abuses me in presence of her .she always says that I have doubt on her character. Her mobile always comes busy, and whenever  I calls her she will not lift my  phone and puts my number on block list after that i repeatedly requested her to come as children school hampering .then she abused me and said that children are not mine and their father is someone else .Recently she quarreled with me and gone to her home and came back to me after 44 days .after coming to me I observed some unhappiness in her after third day she congratulated me that she got pregnant .Then  I shocked and taken her to hospital and scanning carried out and report came as a 5 weeks fetus is present then I asked her how this possible .then she said she had illegal relation with her 10th class lover ,they loved each other and came to their father for marriage but her father refused and married with me because I am a job holder. then she requested me not to disclose this matter with any one and she will give mutual divorce . I called her father he also said the same thing , I taken her to her home on a humanity basis not saying anything with her  and her father told me ,make mutual divorce papers and we will come and sign .After papers completed in 03 days. Then that time they  done abortion .when I called to come for sign then they completely changed and demanding my whole property .when I refused they threatened me of putting  false cases on me .then I tried to resolve the matter with elders and informed them to come for discussion but they are not coming .I have scanning report of her  pregnancy ,her journey tickets ,her prolonged calls  list her lover , her voice record when she agreed that she had an affair .what can I do sir ,can I get  contested divorce on grounds of adultery with these proofs as they saying they will not give divorce whole life  and take maintenance from me and I will suffer as single person .children also with them. she enjoying with her lover at her home and her parents also supporting her as her lover is their relative but I am suffering alone .please suggest me sir how to fight her .



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 4 Replies

Naa Channel Naa Istam   17 August 2018

first of all abortion should be done legally. if at all the scanning reports suggests that the baby is healthy the abortion shall not be done. it is illegal. first take a gynaecologist letter that the baby is healthy. then file a complaint against them that the abortion is illegal and probably because they might have came to know that the baby is a girl child which can be illegally known through scanning.
1 Like

Naa Channel Naa Istam   17 August 2018

if you are confident that your wife has illegal affair then you appoint a detective or you yourself become a spy and catch them red handedly when both of them are in a house and at that time police people must also be there which becomes a well established ground for adultery which will prevent you from giving maintenance to your wife. if at all you are fair then even if they file 498A nothing will happen to you. As long as you shiver they will continue the threatening. Before giving chance to them you take the chance if at all your averments are true.
1 Like

Kumar Doab (FIN)     21 August 2018

Originally posted by : naresh
Respected sir ,
I have married 06 ago ,we have 05yrs baby girl and 03 yrs baby boy .During these 06 years of married life we have lot of quarrels and not happy at all because she always stays unhappy with me even though how good i look her and take care of  children. when ever any small quarrel occurs she cries and calls her parents and relatives and goes to her home and stays there in a prolonged time  . Her relatives  abuses me in presence of her .she always says that I have doubt on her character. Her mobile always comes busy, and whenever  I calls her she will not lift my  phone and puts my number on block list after that i repeatedly requested her to come as children school hampering .then she abused me and said that children are not mine and their father is someone else .Recently she quarreled with me and gone to her home and came back to me after 44 days .after coming to me I observed some unhappiness in her after third day she congratulated me that she got pregnant .Then  I shocked and taken her to hospital and scanning carried out and report came as a 5 weeks fetus is present then I asked her how this possible .then she said she had illegal relation with her 10th class lover ,they loved each other and came to their father for marriage but her father refused and married with me because I am a job holder. then she requested me not to disclose this matter with any one and she will give mutual divorce . I called her father he also said the same thing , I taken her to her home on a humanity basis not saying anything with her  and her father told me ,make mutual divorce papers and we will come and sign .After papers completed in 03 days. Then that time they  done abortion .when I called to come for sign then they completely changed and demanding my whole property .when I refused they threatened me of putting  false cases on me .then I tried to resolve the matter with elders and informed them to come for discussion but they are not coming .I have scanning report of her  pregnancy ,her journey tickets ,her prolonged calls  list her lover , her voice record when she agreed that she had an affair .what can I do sir ,can I get  contested divorce on grounds of adultery with these proofs as they saying they will not give divorce whole life  and take maintenance from me and I will suffer as single person .children also with them. she enjoying with her lover at her home and her parents also supporting her as her lover is their relative but I am suffering alone .please suggest me sir how to fight her .

As per your post the spouse has already aborted the fuetus.

Probbaly the fuetus is burried!

You must have been present! 

Could you get report from Hospital that conducted the abortion!

Do you have the irrefutable evidences of instances that you have posted!

It could lead to cruelty.

The spouse and family is unwilling for MCD and has T&C.

 

Kumar Doab (FIN)     21 August 2018

Anyone may get tempted to commit illegality, transgression.

However one should seek advise from elders of the family, genuinely concerned relatives ( whose future is alos associated with a spouse), competent and experienced well wishers and seek counsel of a   very able LOCAL senior counsel of unshakable repute and integrity specializing in Family/civil matters and well versed with LOCAL applicable rules/laws …. and worth his/her salt, can advise you in person after examining all docs, evidences on record.

There are able counsels at each location.

Check for resuch counsels at LOCAL Family/ civil courts, HC, SC…

You can also seek inputs from helpgroups that have their volounteers/office in your location, seasoned PIP’s.

 

IT is entirely your decison to crease differneces and manage to stay with present spouse or proceed for contested divorce or MCD...

 

Take your time and arrive at correct decision that suits you. 


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