LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Justin   03 March 2017

Cheating wife

I'm 45 years old and has been married for the last 20 years. We have 2 kids, daughter aged 17 and son 12. Two weeks ago, I came to know that my wife has been cheating on me and is in A physical relationship with another married man. She even went to the extension of getting an ectopic pregnancy and then aborted it. I have copies of the prescripttion which showed that she got the abortion through a methotrexate injection and also ultrasound and lab reports showing that she was 5 weeks pregnant when she aborted it on 27th Feb '17. I have the name and all other details of the guy responsile. Also logs of their chat on whatsapp. Is there any way I can get them punished? My main aim is to cause maximum embarassment to them. Divorce can wait. Waiting for responses.


Learning

 16 Replies


(Guest)

No much use.  She wont be punished.  The fellow might go to jail.  You an claim divorce based on adultery.  Thats all.  7-8 years easily will be gone.  Next headache will be custody of kids, are you sure those kids are born out of you? or out of out??  Check that first.  The moment you file any case, she will file few cases, one being alimony case.  You should be having enough proof of her being edcated woman, working woman.  What about deposits in joint accounts?  What about jwellery?  What about the house?  What about other properties?  Where to put what think about that, before venturing into court cases.

 

Life itself is a cheat.  

stanley (Freedom)     03 March 2017

@ author .

Its going to be a tough  task .

First what every assests you have move them out cleverly in your name or in the name of a person you trust seceretly . Once you file these cases than except counter cases that she is going to file Domestic violence case etc . You would spend around 7-8 yrs in these cases .till than your hair would go grey .if you cant live with her take her into your confidence and file Mutual Consent Divorce  which gets over in around 6- 18 months time .

1.you have to take your daughters into confidence as they are just 17 and 12 years old.Since once a court battle starts your kids are going to get distrubed .The atmosphere in house changes  . If she get custody of the daughters than you would have to pay maintenance to them till they attain majority or till they are gainfully employed or till they get married.

2. If your wife is not working and if you are unable to prove adultery IPC 497 than you may have to pay her maintanence . Since once cases are filed than counter cases would come up for you her lawyer would instigate her to file these cases so that he can make his money and she too gains from it . Also take into consideration the time you would have to spend roaming around courts .

3. Even if adultery is proved that the man gets punished and not your wife .if you prove adultery than and you are a catholic than under indian divorce act you can get divorce and you can claim damages from the Man . 

4. you can file ipc 376 rape also but what if your wife says she had s*x with her consent with him than only adultery section would apply ..

 

Life is too short enjoy it while you can if not seperate and live life to the fullest laugh

 

As for embrassment she may tell the whole world that it was your kid and that you never wanted one as there were a lot of complications involved and hence youll decided to abort the kid .So how are you going to prove that it is their kid when the kid itself is not alive . Than whose DNA  are you going to test .

P. Venu (Advocate)     03 March 2017

An criminal action in adultery lies. The facts posts suggested that you have got a good case.

Justin   03 March 2017

Now the interesting part. Since she was earning much more than me, we decided in 2009 that I'll stay home and she works. I've zero income right now. I dont mind if she doesnt get punished. The guy getting punished is enough. We got married under the hindu marriage act. All my assets are still in my parents' name. So, legally, I've nothing. Also, other than the records of the abortion, would the court not have access to social media interactions and mobile phone records? I have witnesses too who visited the guynaecologist along with her for the abortion.

Justin   03 March 2017

Now the interesting part. Since she was earning much more than me, we decided in 2009 that I'll stay home and she works. I've zero income right now. I dont mind if she doesnt get punished. The guy getting punished is enough. We got married under the hindu marriage act. All my assets are still in my parents' name. So, legally, I've nothing. Also, other than the records of the abortion, would the court not have access to social media interactions and mobile phone records? I have witnesses too who visited the guynaecologist along with her for the abortion.

Justin   03 March 2017

Also, what options do I have if cops refuse to file an FIR?

Justin   03 March 2017

And they were staying together in the same room from 12-23 Dec '16. Will the mobile phone location not prove it. I dont know the exact location. It was somewhere in Andheri West.

Justin   03 March 2017

And they were staying together in the same room from 12-23 Dec '16. Will the mobile phone location not prove it. I dont know the exact location. It was somewhere in Andheri West.

A walk alone (-)     04 March 2017

Adultery is difficult to prove. Even you show all reports but it will not prove child was of another man. she may tell the whole world that it was your kid and that you due to financial problems ( jobless) ask her to decided to abort the child. Filing case is very easy but proving it is difficult. Once you file case she will file whole package of case on you and your family. Your , your children life will spoil in roaming court. You say"daughter aged 17" do you think about her future before filing any case? Who will marry your daughter when she grow up after knowing about her mother character? Better leave this matter in cool bag and focus on your children future. Once they got settle in their life then you can go divorce.

Sudhir Kumar, Advocate (Advocate)     05 March 2017

So withou her income you are going to be on road as you said she alone is earning.


(Guest)

If he has no income he can as well file maintenance application in court.

Justin   05 March 2017

Well, I have ample money, the only thing is that no property is in my name. My father has willed it for me after his time and I am the one who gets the income from our properties now. From a legal point of view, currently I have nothing.

Ganesh Nair (Employed)     05 March 2017

I find A Walk Alone reply very wise and practical. Ego and anger can wait. Your daughter is seventeen. She is certainly old enough to understand the situation. Anyway gather and keep all the proof you may have . Dunno when you will need it. Your children can testify in your favour whenever needed. I also feel you can wait till your children are well settled. Don't even think about your wife for the present even though what she is doing is unpardonable. Let better sense prevail for the future of your children. Otherwise they will be shattered.

Justin   05 March 2017

And, there is no way she can say that the pregnancy is mine. I underwent vasectomy 6 years ago and we've not had physical relations for the past one year.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register