Divorce
ganesh athraya
(Querist) 10 August 2017
This query is : Resolved
Currently
She has made hi demands in Mediation which i cannot afford to pay. so the Mediation report is saying mediation failed.
I am supposed to file my objections., I am putting her adultery as the cause of break in the marriage.
Have a flat which is jointly registered, she had paid about 5% of the total investment.
1. Can I petition for the release of property if i am ready to pay her part of investment. any judgements that could help me in this regards.
2. I have also filed 497 against the adulterer and its in the summons stage. (I have photos and vdos of their act in his residence and hotels.)
3. Can i request for divorce proceedings be stopped until the 497 case is resolved. how long would a 497 case go on ?
4. Currently my daughter is under my custody and she has got visitation.,
looking forward to you guidance.
Regards,
Ganesh
R.K Nanda
(Expert) 10 August 2017
1.yes.
2.& 3.no, divorce proceedings cannot be stopped.
4.what you want to ask in point 4.?
ganesh athraya
(Querist) 10 August 2017
@ Nanda Sir,
Thanks for the reply,
So both the case in point 2 and 3 The case/PCR for 497 and the divorce cannot be stopped.
in the 497 case, I have provided the court the Photos and Vdos of the S#xu@l act. and the court has accepted these.
what more would be needed to be provided.
4. would the court change the status of custody if she asks for it.
selva perumal
(Expert) 10 August 2017
Though u have alleged that she has invested only 5% to purchase a flat, you cannot seek release of property without getting declaration from the court. At present, as per the deed she is the co sharer. She has all the right like you. If you want to get 50% share from your wife, you have to file a suit for declaration to declare you are owner of the property. In that suit you have to prove that the property purchased on the wife for the sake of family welfare and have to prove that she did not have the source of income to invest 50% consideration to purchase the property.
2. Criminal case is concern, as per your statement, you have proofs to show that to prove the adultery. So will definitely won the case. One more thing, even if you succeed the case your wife wont be punished as per provision of 497. But he will be punished.
3. Any way you wanted to get divorce then why you want to stop the divorce proceedings, you have the proofs to show that your wife was lead a adultery life. Definitely you can succeed the divorce proceedings also. The Court will not interfere with the custody of child when u prove the adultery life lead by your wife.
Rajendra K Goyal
(Expert) 10 August 2017
You asked:
I am supposed to file my objections., I am putting her adultery as the cause of break in the marriage.
Reply:
Discuss with your lawyer and file.
Rajendra K Goyal
(Expert) 10 August 2017
You asked:
1. Can I petition for the release of property if i am ready to pay her part of investment. any judgements that could help me in this regards.
Reply:
She is owner of 50% of the property if no specific share mentioned in the purchase deal. You may not succeed. Judgment / reference cases / ruling / citation / decided cases not provided / supplied in this section.
You asked:
2. I have also filed 497 against the adulterer and its in the summons stage. (I have photos and vdos of their act in his residence and hotels.)
Reply:
Your lawyer can use the same in best way in your favor.
Rajendra K Goyal
(Expert) 10 August 2017
You asked:
3. Can i request for divorce proceedings be stopped until the 497 case is resolved. how long would a 497 case go on ?
Reply:
You can, court may or may not agree.
You asked:
4. Currently my daughter is under my custody and she has got visitation.,
Reply:
She can ask for the custody if the daughter is miner.
