Divorce advice

Hello to all lawyers,

 

My brother got married last year in Dec 2013, it was a love marriage. Since my brother's job is mostly on-site, he was shifted temporarily out of town. the incident happen is this:

within 3 months of their marriage(in march), we caught his wife chatting on whatsupp with other boy who happens to be her previous boyfriend which she later told us. That day my brother was not in town. My brother didnt knew any of her past boyfriend history. she was faking relationship with him before and after marriage. like she was double-dating, and the other person is also married and have 1 kid.

 

she chatted with the boy for almost like 3 hours, with all cheap, dirty talks mentioning she still loves him and made a mistake by marrying my brother, planning to go on a trip with him, plus all the privacy details of their marriage to that boy(you can understand how the girl is and how she has done chatting). I cant explain how dirty they both talked, completely disrespecting my brother.

when we found out, she started telling all lies, this and that, finally crying in front of her parents as well saying - yes i have done it. also pledging to my family to forgive her and not to tell my brother, she even blackmailed us that she will do suicide and all crap lies.

My brother decided to divorce her and we tried 3 times for mutual consent process. since that day, she is been living with her parents, my brother and her separately. many lawyers told us to wait for 1 year of marriage term. well Its been completed and we want to move forward.

Decided means file for divorce.  Chumma divorce file, dont think too much. 

I request all of you experts to help us out in this matter, because all we have is electronic proof.

1) We have her whatsupp proof
Proof all ok.  Can submit during evidence, but there should be mention of it in WS.

2) her mom's audio recording accepting her daughter is fraud, liar and because of them, we are going in trouble
Proof all ok.  Can submit during evidence, but there should be mention of it in WS.

3) her emails to my brother saying she did not loved him at all, and i cant leave that boy, and did marriage due to her family pressures.
Proof all ok.  Can submit during evidence, but there should be mention of it in WS.

4) we recovered her earlier messages with that boy (before and after marriage).
Proof all ok.  Can submit during evidence, but there should be mention of it in WS.

5) Family meetings from both sides(mutually consenting second time) - where she again accepts her fault, so witnesses are available.
Proof all ok.  Can submit during evidence of witness, but there should be mention of it in WS.

 

Can we put up case against her with all this source? does court grant divorce based on electronic media? We can even recover her call tapping with the boy too.
Yes, can out case.  Divorce case.  Your mom can file DV case against dotter in law.  Two cases you can file, another case you can file 125 crpc asking alimony from wife if you are not having income at all.  Proof all ok.  Can submit during evidence, but there should be mention of it in WS.

Basically, the girl is being very manipulative, sometimes she says she still wants to come in our family, other times her family says we want full marriage expense recovery.

Kabhi Haan Kabhi Expenses do.  

I guess they know her marriage is not workable, and ready for MCD, but when it happens, the girl again says she won't give divorce.

Kabhi Haan divorce doongi, Kabhi Expenses do Kabhi divorce nahi doongi, Kabhi aake rahoongi.   

We cant understand what's going on. every lawyer tells us different procedure.

What procedure?  File divorce petition based on mental cruelty and adultery directly, what procedure is there for it than filing vakalatnama by seasoned divorce lawyer?

Please we need legal genuine response, we are ready for mutual, but they are playing games with us sometimes yes sometimes no.
If they are playing games, you can sit back and enjoy as well, in another 7-8 years you get divorce.
 

should we send them legal notice? so that by any means they will again consider up for MCD (they are thinking we wont go in court because of its tedious process) and hence not bothering at all.

No need to send notice or send RCR.  File for divorce, then if they want MCD, convert same divorce to MCD, finish.

 

Thanks to all.