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Rishi (Consultant)     29 November 2012

Will i get the divorce ??????

Hi,

I need your assistance regarding my situation.

Recently I got married and my marriage was a nightmare for me.

My sister has identified that my wife has a relationship with my brother-in law prior to my marriage after seeing the messages in the mobile of my brother in law. she has taken all the printout of those messages
and send it to me, after my marriage she always asked me that she wants to go at her mother's place, also she did not make out with me whenever I tried she made excuses so I asked her that I will take you to the doctor but she denied by saying that it is due to monthly cycle .The time this relationship was identified my wife at her mother's place.

Even knowing this truth I went at her mother's place and asked her to come back start living with me ( because she was creating huge mess in the life of my sister), she agreed on it and then she came along with me
and stayed at our house only for night .On next day I went to my office and she ran away from my house, and reached at police station and said that my in laws and my husband has beaten me and file a report. Police asked her go for medical check up then she denied to go through medical check up and ran away with her relatives.

Now she has filed afake case against us for dowry ( we did not take a single penny from her family) and asking for the maintenance.

I also filed a case to get the divorce from my wife.

Please tell me what are the chances that I will get the divorce and will I have to pay maintenance to that characterless wife. ?

Please help

Thank you

Rishi
 



 16 Replies

Sushil Sharma (Advocate)     29 November 2012

Dear Rishi,

       what are the details of your case of divorce ?

rajiv_lodha (zz)     29 November 2012

Inadequate details u provided:

Is it Hunidu marriage?

What is date of marriage?

What grounds u plan to take in divorce petition?

What is her qualification?

Did she had a job anytime?

etc etc

Rishi (Consultant)     29 November 2012

Is it Hunidu marriage?

Yes

What is date of marriage?

18/11/2011

What grounds u plan to take in divorce petition?

she has a physical relationship with my brother-in-law prior and after my marriage.

What is her qualification?

She is M.A in Sociology

Did she had a job anytime?

Yes I have the experience letter.

Rishi (Consultant)     29 November 2012

Hi Mr Sharma,

 

Please tell me which details do you want ?

Thanks

Rishi


(Guest)

What proofs do you have of her extra-marital relation/physical relation?

ANAMIKA VICHARE (LAWYER)     30 November 2012

You have to have strong pleadings in your divorce petn...you can take ground of cruelty now...later amendment for desertion ground.....

whoever lawyer you apoint...

pl mail me a copy of the same before filing it

anamika_vichare@rediffmail.com

anamika_vichare@redifdfmail.com

Anamika Vichare, FAmily court lawer, Purush Hakka Saurakshan Samittee

Mumbai

Rishi (Consultant)     30 November 2012

The proofs which I have is the messages which were exchanged between them and my sister caught them red handed at a different place regarding this she filed a complaint in the police station, also my brother-in law admitted that in front my sister that yes he has a relationship with her prior to my marriage with that girl whom I got married.


(Guest)
@rishi So practically you have nothing :-) Your MIL will not accept this in court. You only have messages exchanged between them. In which form? SMS or emails or?

RK (adada)     30 November 2012

Dear Rishi

Just do one thing, Involve some respectable members from both the families, arrange a meeting and arrive at the Mutual Consent divorce since that is the only quick solution to solve this problem.

Once the Mutual divorce terms are agreed then you will get the divorce in 6 months time.

Remember Mutual consent divorce is the easiest way to get the divorce in India or else if you want to waste your youth running after Tareek pe Tareek in court of law, Its your CHOICE.

Legally you can file a case of Adultery against your wife but again that needs to be proved and is a time consuming process to get justice and years will pass by. DONT GO THROUGH COURT BATTLES

Court cases drags for years and you need to be practical, think ahead in life and live peacefully after divorce. Get away with your self respect, ego or revenge and decide what you want in life now????????

Its your life afterall and you need to decide. 

Rishi (Consultant)     30 November 2012

Hi,

Many thanks.

I have the proofs in the form of SMS, I know it will take time but that character less woman is not ready to give me the divorce that is why I have to go the court because I can stay with that girl anymore.

Rishi (Consultant)     30 November 2012

Hi,

Many thanks, but she is not ready to give me the divorce on mutual consent that is the issue, and I can stay with her for a single second, the proof which I have in the form of SMS.

Just I want to know if I will get the divorce from that girl and will court ask me to pay the mainteance to that girl.

Thanks

Rishi

Rishi (Consultant)     30 November 2012

Hi,

Many thanks

Yes I understand but she is not ready to give me the divorce on mutal agreement. The proof which I have in the form of SMS which were exchanged
prior and after my marriage.

I think she is wants a good amount of money from my end to settle down this issue but the problem is that I do not have much amount
in my account.

My concern is that will I get the divorce from this girl and Am I responsible to pay her some maintenance in future.

rajiv_lodha (zz)     30 November 2012

2 points u shud remember:

* Contested divorce on adultry ground WITH THE PROOFS U HAVE is almost impossible

* If by God's grace u get divorce by proving adultry on the part of this wife, NO NEED TO PAY A SINGLE PENNY AS ALIMONY

RK (adada)     30 November 2012

Agree with Lodha but proving adultery itself will take years and your wife can file other cases as well to harass you.

Involve elders and  find a win-win solution.


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