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harassed_12345 (NIl)     27 January 2016

Advise please

HI We got married in 2010 as per Hindu rituals. Since my wife belongs to a very poor family and having no parents marriage was solemnized at a hindu temple in a very short cut manner with no dowry and gifts exchanged.

After marriage wife refused to stay with my parents at home and insisted me to bring her to another city at my work place. I did it and brought her with me after 20 days of marriage. She also joined a job at the same city and we stayed together. Soon after joining the job her behaviour got changed towards to me and she was always tries to finds the way to let me down. She was getting more salary than me and me or my parents had never asked for any money from her earnings. She used to refuse doing any house hold jobs and used to spent lavishly on her make up, clothes etc.

We are having a baby out of this wedlock born in 2013. After delivery of baby i requested wife to leave the job as it is good for her and baby, she refused and insisted to continue the job. We hired nanny as both of us used to be out during day. When baby was 6 months old nanny left the job and refused to take care of baby. Again i requested wife to leave the job but she declined and left the baby at my parents home and since then baby is with my parents only. My wife used to visit my parents place 1-2 times in a 2 months time.

Later i came to know that my wife is having extra marital affair with her colleague and they have stayed together at hotels for 3 nights in same room at distance city . ( I have hotel bills and their signature on it with their I card submitted at hotel, and call detail of 6 Months when it was found that they used to do a lengthy conversation 10-15 times a day morning evening whenever they get time) When i asked about this she lodged a false complaint against me and my parents U/S 498 a, 506, 34 IPC. After investigation police has filed Cancelation Report in Court against the FIR and it was accepted by court later i came to know that she has filed review petition in high court against same.

She has filed another case against me seeking alimony u/s 125 crpc but not asking for custody of child.. I have proof that she was earning more than me, having car in her name , bank loan instalment is being paid duly by her.

I have applied for divorce on grounds of cruelty and adultery. we are living separately since when the instance of adultery is noticed.

I have filed private complaint against us 497 against paramour of my wife separately.

Please advise if i am on right track as i want to get rid of her and don’t want to give any alimony.

 



Learning

 3 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     27 January 2016

Proof of adultery as a ground for divorce must be “clear and positive and the infidelity must be established by a clear preponderance of the evidence.” It is your duty to show the proof to the court.

harassed_12345 (NIl)     31 January 2016

Dear Mr.Rama Chary, 

What I understand that  direct proof of adultery is rare. So in that case having proof that wife stayed with his friend at another city for 2 nights without husband's consent, shared a double bed room, having proof as hotel check in register with their photo id , signature on hotel records ,bills etc.  are not sufficient to prove adultery.

Apart from this six moths call detail where records of long chats, sms , conversation at leat 10 times every day , even in odd hours,  does not make a sense that she is in doubt.

harassed_12345 (NIl)     31 January 2016

Dear Mr.Rama Chary, 

What I understand that  direct proof of adultery is rare. So in that case having proof that wife stayed with his friend at another city for 2 nights without husband's consent, shared a double bed room, having proof as hotel check in register with their photo id , signature on hotel records ,bills etc.  are not sufficient to prove adultery.

Apart from this six moths call detail where records of long chats, sms , conversation at leat 10 times every day , even in odd hours,  does not make a sense that she is in doubt.


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