How law can help men from infidelity of his wife
mitraj
(Querist) 03 June 2014
This query is : Resolved
respected sirs.
we got married b4 17 years having a son who is now 15 . 10 years back my wife got involved with two guys and had physical realation with both( one after one).i have no proofs for that but my son who was 5 year at that time had show her sleeping with one guy and as she was caught by one of my cousin talking on the phone and after asking her infront of her parents she also admitted and apologice. as my son was only 5 at that time I accepted her and start leaving togather again.
now since last six months she got involve with third guy having physical realation and this time I have some proofs of their whatsapp cheating - some pictures of them (togather ) and some video clips which both shared talking to eachother and also had a latter signed by her parents and herself accepting this act of infidelity . for my son ,I tried to accept her again and we went to phyciatry also for our treatment as I was also very depressed after this third incident. but she continue talking to him and was not ready to leave him ..so.. b4 one month I lost my control and beat her. ( she did not took any leagle action yet ).. so she went to her parents and says now I m not going to come back ... as she was running her own business her earning is with me as of today and we had purchased a house in our joint name 3 years back ...
now what do I do ...
can we live togather as she doesnot want to live with me.
what about my son . (as of today he is with me and wants to stay with me only ).
what will be the status of her earnings and our house if we saperate.
can she claim any allymoney from me ?
she will not be ready but if I want to take any leagle action on that third person ...can I ?
can I take any leagle action against my wife.
what time will it take to divorce.
how law can help me better.
plz. advice
Devajyoti Barman
(Expert) 03 June 2014
1. Yes , both of you can live separately. You can decide later on about taking divorce.
2. You can keep the son with you. If she also wants the son then she can go to court to get his custody.
3.You are legally bound to maintain your wife and she is co-owner of the house.
4.Yes, if she is unemployed , she can claim alimony.
5.If you have proof of sexual intercourse between the two then case of adultery u/s 497 lies against that third person but nothing could be done against your wife.
6. Suit for divorce is only action that you can take against your wife. It takes more than 4-5 years unless both of you go for mutual divorce which takes not more than six months.
Devajyoti Barman
(Expert) 03 June 2014
1. Yes , both of you can live separately. You can decide later on about taking divorce.
2. You can keep the son with you. If she also wants the son then she can go to court to get his custody.
3.You are legally bound to maintain your wife and she is co-owner of the house.
4.Yes, if she is unemployed , she can claim alimony.
5.If you have proof of sexual intercourse between the two then case of adultery u/s 497 lies against that third person but nothing could be done against your wife.
6. Suit for divorce is only action that you can take against your wife. It takes more than 4-5 years unless both of you go for mutual divorce which takes not more than six months.
Raj Kumar Makkad
(Expert) 03 June 2014
Well advised by Barman hence no more to add.
Guest
(Expert) 03 June 2014
Law can help by grant of divorce to you.
ajay sethi
(Expert) 03 June 2014
agree with MR barman
Shonee Kapoor
(Expert) 03 June 2014
Nothing left to be added.
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Shonee Kapoor
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If you don't fight for what you want, don't cry for what you LOST.
mitraj
(Querist) 03 June 2014
Thank u all and specially mr. Barman ...
One more thing ..
If we go for devorce ... Money which she earned d uring our married life ..can she claim for that all money ? ( and what if i donot have that money now ... As we spent it on our house and insurance policy and some other investments like in gold and all .
Devajyoti Barman
(Expert) 03 June 2014
She can claim all in which she has a share.
mitraj
(Querist) 04 June 2014
Dear Mr. Barman ..
Heartly Thank you for your support and valuable guidance .
Adv D P Jindal
(Expert) 04 June 2014
First of all you decide what you want. Can you adjust with her involvement, if so, accept it, if you cannot, go for divorce and try to get it by mutual consent, as she did not want to leave that person. You may keep your son by court order, as you can give better life to him. If she is earning more than you, you are also eligible for the same status of living and can demand maintenance.
Raj Kumar Makkad
(Expert) 04 June 2014
The money spent during the married life cannot be claimed but if any asset has been by way of joint efforts, only then wife can claim.
mitraj
(Querist) 05 June 2014
Dear Mr.Jindal and shri Raj kumarji ....
Thank you very much for Your valued guidence ... Thanx a ton ...
mitraj
(Querist) 06 June 2014
Respected sirs ...plz. Guide me on ..
(1) if I file a case u/s 497 against that guy , what r the chance to win and what will be punishment for him i.e. Sentance to jail or just some amt. Of fine or both .
(2) she wants devorce ... But on other hand she says that for our son she can stay back ... But ... Will not have any leagle or physical realation with me .... Is it possible .... If yes ... How ..and ... If no ..what is the way out ...
(3) isn't there any law which can punish woman .... Because ... If she continue having affir with different man and law cannot do anything to such woman ... Or soupose .. We got devorse ... Does she is not guilty to ruain a family just for her lust or desire for sex.
On the other hand what is the guilt of my son ... If we
Plz. Guide me ...
mitraj
(Querist) 06 June 2014
If I devorse her then also can I file case u/s 497 against that guy .?
mitraj
(Querist) 08 June 2014
Plz. Guide me
mitraj
(Querist) 27 December 2014
Since august , My wife left our home without informing anyone and start living with her mother and also started her own business . She also sent me a notice through her lawyer , asking for all her ornaments and money, and also mentioned clearly that now onwards she doesn't want to live with me . Last month i call upon a meeting and invite her and all her relatives ( uncle .. anty ..brother etc. ) , but no one turned up . Now from my sources I came to know that she has gone for live-in relationship with that guy ( .. with whom she was involved ) ... and he is supporting her financialy , but not staying with her and visits her twice or thrive a month . My question is... can she go for a live-in relationship without taking divorce with me .... or ... can i take any leagle action on her or/and that guy . Secondly , our son who is 16 is with me .. what is her responsibility towards our son ...plz. advise.
mitraj
(Querist) 16 January 2015
Plz. Advice
mitraj
(Querist) 16 January 2015
Plz. Advice
mitraj
(Querist) 07 February 2015
Since august , My wife left our home without informing anyone and start living with her mother and also started her own business . She also sent me a notice through her lawyer , asking for all her ornaments and money, and also mentioned clearly that now onwards she doesn't want to live with me . Last month i call upon a meeting and invite her and all her relatives ( uncle .. anty ..brother etc. ) , but no one turned up . Now from my sources I came to know that she has gone for live-in relationship with that guy ( .. with whom she was involved ) ... and he is supporting her financialy , but not staying with her and visits her twice or thrive a month . My question is... can she go for a live-in relationship without taking divorce with me .... or ... can i take any leagle action on her or/and that guy . Secondly , our son who is 16 is with me .. what is her responsibility towards our son ...plz. advise.
Guest
(Expert) 07 February 2015
Repeated with different Title Today
Guest
(Expert) 07 February 2015
As you stated, "I came to know that she has gone for live-in relationship with that guy ( .. with whom she was involved," what is the source of your informaion and have you verified the fact about her live-in-relation with some one else?
