Divorce

Divorce cases can run anywhere between 6 months to multiple years.

Better sort things out and go for Mutual Consented Divorce.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

thanks for the suggestion. before one week my parents went to my husband home and get try to convince divorce in easily waya. but he wont agree to give me a divorce in any condition. me and my family both agree on concrete base to get divorce against him.

please can u help on what can i do earlier days? what happen if i will not proved the adultry aganist my husband?

i am waiting your valuable reply on my quiry.

Hi Nandu,

File the divorce case on court on the base of Adultry if you have proof.
It will take around 1 year for divorce and if he dont come on court then you will be granted ex-party divorce.

Thanks a lot rajesh,

i have some confusion b'coz i have only chatting text evidence found on s*xually conversion from internet. Incase of i will fail to prove the adultry evidence in court then what will happen in court judgment?

In any situation i will never agree to live him. he told my parents that he will not give the divorce to your daughter. if in case he will come in court and i will not prove the adultry against my husband then what? m really serious think about this issues.

please suggest me.

You can try as Mr. Kapoor suggested for mutual consent divorce (MCD) as it is easy and expeditious process of six months, if he agrees for it.  But I have got my own doubts about his accepting for MCD, as your husband is, I suppose, has a peculiar psychological problems, which provoke him to disobey all the social and legal norms laid down by the system without any necessity and derive the happiness out of it.  That is why, even though there is no necessity, he developed extra-marital relationship to break the social norms.  Similarly, having no dire necessity he started to steal things only to break the legal norms and enjoyed to become the offender of law. Such persons will not like to have easy solutions to problems and MCD is the easy solution for matrimonial problem.

So, there leaves a single option for you, i.e., to go for contested divorce case.  Whatever the time it may take, you have no other option.  You can file the divorce on two grounds, one adultery and second one is cruelty.  As you rightly said, it is difficult to prove adultery, but you should plead this ground.  Next, cruelty is a valid ground in your case as you are subjected to mental cruelty for his unstoppable habit of stealing.  Lodging of FIR against him is itself sufficient evidence to prove mental cuelty for getting the decree of divorce.

Wish you best of luck.   

thanks mr. chandu

actually here i am giving the secrete information, i also talked with girl who already had physical relation with my husband. she was shock when i told her about i m his wife. my husband never told her about our relation like husband wife  and he gave the dreams about marriage with her. now a days she will going to marriege with her cummunities boy.

she is ready to come in court to confess the had physical relation with my husband. but she is worried about society image after give the comments in court.

now please tell me is it the right evidence to prove the adultry in court against my husband? give other option if your answer in case of No. 

Nandu , 

It is good for you if she can come in court as a witness.

Decide first completely that you dont want him back in your life since you have spended more than two years together. Its all depends your love and emotions whether you want to give him one chance or not.

Next now Options are open for you is file 498a,DV, 420, with the help of FIR copy.He will be booked for Jail.
After that file divorce then he will surely agree divorce with you for MCD.

As per matrimonial law, if the petitioner (here yourself) files divorce case on the ground of adultery by respondent (husband), she has to necessarily make the adultress (the other lady) as a co-respondent, if the petitioner knows her identity.  If the petitioner does not know the identity of adultress, then there is no need to make her co-respondent.   If the husband is a habitual adulterer with commercial s*x workers, then there is no need to make them as co-respondents.

It is upto you to make her as  co-respondent or not.  If you ask me my personal advise, I suggest that please do not make her party.  She is also a victim like you and she shall not be put in difficult situation in future.  You can allege the ground of adultery without identifying the adulteress and produce the documents what are available with you.  But, I think that you will get divorce on the ground of mental cruelty that he is a habitual thief and an FIR is lodged against him.  This is suficient evidence to move on in divorce case and case proceeds, other doors will open.

I disagree slightly Adv Chandu,

I have seen many cases thrown out when the party with whom adultery was committed is not made a party. The petitioner can request in-camera proceedings which would bring out the truth and also request for non-publication of the proceedings and court can issue such orders in sensitive matters.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

Thanks to all of you,

last week my parents meet my husband for discussion on matual consent divorce. he is not agree to give the divorce me after discussion. Now i decided to think about in any situation i will never go return my hell life.

one more things i explaining here, actually my friend is also suggested me when i have some doubt on my husband. i asked to my friend about my husband activities then my friend givin the evidence against my husband. i am really very thankful to my friend. but here i have some worry about him b'coz my husband told me i have proof that u and your friend talked on phone and mail without inform me. i have all mail copy and phone msgs and call conversation about both of u. and i will shown in court this documents.

can u please suggest me, in my divorce case no any problem will come in my friend ways who helped me for reality shown abt my husband.  In court discussion my friend matter will come then he will also come in chapter or what?

if your conduct and discussions were not adulterous in nature, it doesnot matter what it was.

He is trying to scare you.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

Mr. kapoor,

yes my husband is scaring me in case of my telephonic and mail cnversation.  no any adultereous talked with my friend but just we talked about only my husband extra marital affaire talk only.  nothing any more conversation between me and my friend.

i am completely holy girl as per charecter and even nature wise also.

what happend if my husband will discussed about my  friend in court? actually i am worry about my friend becouse he gave me a support and then he will come in court and so many problem in his personal life also. actually he is well known person in society even his family also so i think about him.

please suggest the situation in future in case of his present is require in court or what?    

Dear Nandu,

I didnot suggest/ allege anything. I just made a point matter of factly. I respect you as person and have full faith in whatever you say to be true

We are so scared of so many things, most of which never happen. He can not rope in anybody/ everybody in case which is essentially between you and him just on the basis of innocent conversations.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

dear mr. kapoor,

i truly told about the conversation with my friend. how many days will take the diovrce procedure after make the divorce file in court? still i worried about my friend due to he is not deserve to come in court and give the explination. and he told me last week that plz save my name from your divorce procedure because he is afraid of court matter.

in chatting conversation and mobile sms or call his name is mentioned. when my husband take his name to blame for our divorce then he require to come in court or what?

can i marry againe after will get the divorce? and how many days gap will take between divorce and remarriage?

what can i do after take the divorce from the husband if my ex-husband will enter in my personal life?