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Gaurav (Executive)     13 June 2014

Wife threatening for divorce

Hello ,

I married on 2008 , its love marriage . We have 4 year old kid. my wife is working lady .After kid born our relation had passed thought a bad phase , due to family problems. And i also neglected her. 

In the mean while , my wife meet with a guy in her office and she fell in love with him. She even told me but i thought she was lying. Then i took a back of her cell phone one night and i saw her whatsapp messages. That she want to leave me and marry him and stuff like love you. Later she deleted those messages.

I got a hotel booking reciept from her email id. In the reciept her name is not mentioned but that guys name is mentioned. And that time she also went to visit goa. But she says she stayed in a different hotel and she has that prove also.

After getting to know all these fact i gave her second chance and she told she will come back , but still our relation is not good , we dont talk properly  , she dont cook food , but she take cares of child very well and many times i behaved badly because of anger.

Now she always  ask me for MCD but i dont want to give her divorce , she tells she will file divorce case against me based on cruelty.

I have few question:

1. can she get divorce based on cruelty?

2. can i file adultery case against her and that guys ?

3. is whatsapp message back up and hotel bill  ,be a good evidence to prove adultery?

Please advice.



Learning

 11 Replies

Laxmi Kant Joshi (Advocate )     13 June 2014

Gaurav when you don't want to give her divorce then why you didn't care of her sentiments /love , she informed you accordingly that she fell in love with a guy of her office why you ignored it , you must know the reason why she took this hard step it means you are careless towards her feeling /emotions /love /desires etc now situation become bad to worse , try one last chance to do amicable solution with her by taking help of your elders , change your jobs and settle in any other state otherwise this situation again arise , speak to your wife polite ly and act wisely , answers of your questions are as - 1. Yes ,she can get 2. if you have adequate proof you can , above stated proof by you are not sufficient 3. No

Sanchit punia (none)     13 June 2014

My Personal advice is that , firstly if possible in any way try to adjust the thing between (changes in our nature makes this situation).As you said that there was love marriage and dispute reason is family problem and she is well taking care of child .So its is quite clear that she respects  the relation very well ,as well as love . Please follow this thing's -

1. Try to make the relation as it was before marriage .Put up same efforts what you use to do before marriage .

2.Start from a fresh relation i.e leave every thing behind and forget each other .

3.Try to do that things which make him happy .

4. If nothing come out then go for legal way .

 

I only want to say that relations makes a long time to built ,but breaking it does'nt . 

 

Cruelty is one of the ground for divorce (she can get )

Adultery is also a ground ,but should be proved beyond doubt .

Whats app backup is not a peace of evidence i.e secondary evidence  and hotel bill with entry dairy can be evidence if bill is in the name of accused.

Gaurav (Executive)     13 June 2014

Its been more than 6 months I got to know about her relationship with that guy .

But from last november till date nothing has changed . Still our relationship is not good.

I think she has almost decided to go for Divorce.

If i get the entry dairy can it be a evidence ?

But she has a hotel bill which says she stayed in another hotel. it is not contradiction ?

If i found entry in  diary but she shows bill of some other hotel , court will accept whose evidence ?


(Guest)

Golden opportunity:  Dont leave this opportunity.  You can get new life.  If at all she tells she will come back, then your days are doomed.

 

Give her divorce, get rid of headache.

Gautam Kapoor (IT professional Studying Law)     14 June 2014

I concur. It is a very good oppurtunity not to be missed to part ways.Your neglect should not the cause of other person select.

Talk to her 5-6 times and harp on the issue of you want to staying together and why she wants to exit this relationship and record everything. 

If things do not work work on MCD, keeping your child's future in consideration and how you both would want to raise him. Her urgency for divorce can also be bargained for your child's custody though she may not part the child, owing to monetary benefits.

harrassedhusband (manager)     14 June 2014

I think there is no fault of husband. So why to blame him ?

what is the probability that she will be faithful to him in future too ?

Such women need one or the other reason to enjoy their fantasies.

it is she who needs mental treatment.

Is he a slave of her wife ? Why there is No punishment for such wife who spoils life of her husband and leaves him emotionally drained ?

How can she take divorce when he has not done any cruelty on her ?

 

Gautam Kapoor (IT professional Studying Law)     14 June 2014

speaking on the law of probabilities .. there is no probability that the lady is going to amend herself.There is no punishment for a adulterous wife ... but it is only for a man.we have crores of household women in India who do not venture the adulterous route after begoting a offspring.. nature by way of harmones does not allow such unlawful emotions...in any way...

Gaurav (Executive)     14 June 2014

If i found entry in  diary but she shows bill of some other hotel , court will accept whose evidence ?

Laxmi Kant Joshi (Advocate )     14 June 2014

Gaurav it will be a futile exercise on the basis of bills you never prove adultry , if you want to gather proof of her adultry then for that you can take help of a licenced detective agent he can provide you the proof , to prove adultry some objectionable video / photograph of her illicit s*xual relationship should be seen .

Saurav (Engineer)     14 June 2014

Hire a detective. Gather evidence against her.

Once you get a evidence confront her saying that you will take her to a court of law etc. But do nothing of the same..In your heart forgive her because divorce is no solution to problems. What guarantee is there that next wife you marry will not be adultrous. If you keep your same nature then definitely she too might become adulterous.

heera (Engineer)     16 June 2014

@Gaurav,

You have admitted that you had neglected her and behaved badly with her due to your anger ? What is the cause of your Neglect and Anger towards her?
Apparently you have broken your marrital oath and hadn't cared for your wife. Now you somehow want to cover up all the negative things happened from your part
and project any mistakes from your wife's part and gain some sympathy and advice here, so that you can escape the clutches of law. Your neglect drove her away, and now you want to prove adultery on her. Stop and take a look at your own heart. How cruel it is ?

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