Divorce
Rahul Metha
(Querist) 24 June 2014
This query is : Resolved
Dear Sir,
mine is a love marrigae and got married in 2011. within 4 months of marriage my wife left the house (witness her mother, 3 ladies and one police constable) for which i have filed a private case immediatley in court. The matter is pending till date.
Later on my lawyer joined hands with my wife and filled Domestic Violence in 2012 against me and my family after 8 months from the incidence. Interim order is done.
Now 6 months back i received one picture through Whatsapp in which my wife was there with very less clothes, face was deleted from the picture, but the place of picture was its own house and it is very easy to identify her. I didnt paid much attention as i do not to use such things for divorce.
Again 3 months beofre i received on more picture in which face is not displayed but as a husband i can easliy recognise her. it might be difficult to prove this in court.
Now a week back i received one more picture in which she is kissing one person (no clothes). 70% of the face (right side of the face) is clear rest is deleted. futher the other person picture is not much clear but i recognised him as i know him very well. Also it is clear that person have intentionally forwaded such pictures through whatsapp etc.
Does this pictures will be strong proof to file divorce case. further will the court ask for the source of pictures as i do not want to disclose the same as it is received from my friends through forwaded messages.
She had demamded 10 lacs for divorce or she wants to come back either of the two.
I want divorce and do not want to pay a single rupee as she had left the house.
Also am not much comfortable to put such things against my wife on paper. Please guide as to what should be done. Am going to court from past three years and nothing is clear. can i file a complaint against her in any other forum etc.
request to please guide in this matter.
regards
ajay sethi
(Expert) 24 June 2014
1) the pictures dont show her face . you cannot use said pictures in your divorce proceedings .
2) you can file for divorce on grounds of mental cruelty and desertion .
3) dont file any other complaint .
4) if your wife wants to re marry then she will agree for divorce by mutual consent .
5) contested divorce proceedings take years to be disposed of
Devajyoti Barman
(Expert) 24 June 2014
If she can be identified by these pictures then it is good proof for getting divorce.
Try to identify another person as well against whom case u/s 497 IPC can be filed.
Rajendra K Goyal
(Expert) 24 June 2014
Try for mutual consent divorce if possible. contested divorce case takes years. If you go for contested divorce, use these pictures, also engage private detective to find out the truth and gather other proofs.
Rahul Metha
(Querist) 26 June 2014
Dear Sir,
thanks for reply, have tried for mutual consent but she is not ready. will definatley use 497 when am 100% sure about the person.
my concern is
1. Will the court ask for the source of pictures as i do not want to disclose.
2. Also if i file divorce with the help of these pictures and other proofs, can she file 498 against us???? Because i cannot predict how her parents wil react when they come to know about this.
3. Also if i file the divorce case first will i have to pay any amount??? She is working right now and finacially her family is also good.
please guide.
thanks
ajay sethi
(Expert) 26 June 2014
you wont have to pay maintenance if your wife is working . your wife is at liberty to file 498A case if she so desires
Devajyoti Barman
(Expert) 26 June 2014
1. nO
2.Yes, she can.
3. you are liable for maintenance anyway as long as she is not unemployed.
Rahul Metha
(Querist) 08 July 2014
Dear Sir,
my sister is planning to change the job and there is a detail verification conducted by the company right from school, police, court etc. we have taken anticipatory bail for 498 and a DV is filed against her. if they come to know about this will the company hire my sister??
further she might to to out of india for around 6 months for training and am planning for divorce, if my wife filed 498 after my divorce case does my sister need to come to india for taking bail or court will allow if she is not present.
is there any other way, that before she goes out of india we complete some legal formality through which she is exempted from coming to india.
please guide.
thanks
Rahul Metha
(Querist) 09 July 2014
Dear Sir,
my sister is planning to change the job and there is a detail verification conducted by the company right from school, police, court etc. we have taken anticipatory bail for 498 and a DV is filed against her. if they come to know about this will the company hire my sister??
further she might to to out of india for around 6 months for training and am planning for divorce, if my wife filed 498 after my divorce case does my sister need to come to india for taking bail or court will allow if she is not present.
is there any other way, that before she goes out of india we complete some legal formality through which she is exempted from coming to india.
please guide.
thanks
Devajyoti Barman
(Expert) 11 July 2014
498A case will pose no hindrance for private sector job.
The case will cause any impediment for foreign travel as well unless court specifically puts any restriction.
Yes if 498A case is filed then your sister will have to come back to take bail.
