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sanjay (employee)     12 March 2014

Divorce divorce

This is regarding my problem with my marriage life and I am looking for divorce, I request you all please suggest me legally  according  the situation.

I got married 3.9 years back and since the beginning we didn't have a similar thinking and I never liked her due to many reason, I was in a short of affair before marriage (with someone else) and it  was continued (just friendly) till 2 years after my marriage. After a long time, I came to a point where I found myself  nowhere and decided to make my life smooth and discussed with my wife  regarding the same.

But after two months I found her in an affair also with her colleague  and she accepted it then I asked her to divorce me but she is not getting ready for this and saying repeatedly that I'll not give you divorce.

Now I am just mentioning my points below please suggest me accordingly.

1: I want to divorce her on what basis I can file a divorce. I want divorce her at any cost.

2: What short of evidences will be required to expose her.

3: Can she file false cases against me/family.

4: My family will not support me for this divorce, either they will be neutral or will support her.

5: She is living with my parents ( not living with me since Dec2012, this is not due to  separation but I am not allowing her to come with me ) so can I file divorce against her.

6: she is aware about my affair so would it be any effect on my case.

7: I have no child.                                                                                                                              

8: Can I start living with someone else (with unmarried women) without getting legally married just live-in relationship.

 I also want the meaning or purpose of this quote mentioning on this website (Because as per my thinking don't hide anything from doctor/advocate)

 

Do not trust your advocate with your strategies. That will be fatal to your case.  Just give him the bare minimum info required to file a case. Never sign any papers without getting two days to review them.



Learning

 7 Replies

sandykrish (Interested in Family LAW)     12 March 2014

Hi Sanjay,

 

By looking at the above mentioned points the law favours the Women in all aspects, you being immoral to your wife at first instance and pointing her affair is not good. When you satisfy her emotional and physical needs why would she get in to affairs with somebody. If you're parents are supporting or being neutral which shows the fault at your end.

 

All marriages go through this high's and low's. From a legal standpoint you don't have any option to get the divorce. The only way possible out is through the MCD convince her if she doesn't agree lure her with money.

 

I dont think you will be having the fair chance of winning the contested divorce. Better consult a lawyer with facts and in case if you file MC suit there will be changes 3-6 cases will be registered against you with Bigamy charges which might lead to arrest if your wife proves that you have an illegal relationship.


(Guest)
Originally posted by : sanjay




1: I want to divorce her on what basis I can file a divorce. I want divorce her at any cost.

Pay her a million dollars in hard currency.  She will definitely give divorce.  She makes merry with money, you make merry with girlfriend.


2: What short of evidences will be required to expose her.

Which part you want to expose of hers?  There is nothing such as expose when you yourself are standing stark naked.  Proving her affair is a tedious process which will take 5-6 years, in the meantime if your wife points out your affiar then you easily will be behind bars for 5-6 years on basis of infidelity and adultery.

3: Can she file false cases against me/family.

YES>YES>YES>YES>YES>YES>YES>YES>YES>YES>YES>YES>YES>YES>YES>YES>YES>YES>YES>YES>YES>YES>YES>YES>YES>YES>YES>YES>YES>YES>YES>YES>YES>YES>YES>YES>YES>YES>YES>YES>YES>YES>YES>YES>YES>YES>YES>YES>YES>YES>YES>YES>YES>YES>YES>YES>YES>YES>YES>YES>YES>YES>YES>YES>YES>YES>YES>YES>YES>YES>YES>YES>YES>YES>YES>YES>YES>YES>YES>


4: My family will not support me for this divorce, either they will be neutral or will support her.
Then you have one more headache.  Totally its your plan of getting into bigger mess.


5: She is living with my parents ( not living with me since Dec2012, this is not due to  separation but I am not allowing her to come with me ) so can I file divorce against

her.
You can file diovrce case.  But you wont get divorce based on the above cock n bull allegations.

On the other hand she can file a case for not letting her stay with you.


6: she is aware about my affair so would it be any effect on my case.

Your days are doomed.  Better be ready to face hell soon.

7: I have no child.                                                                                                                              

One less headache.



8: Can I start living with someone else (with unmarried women) without getting legally married just live-in relationship.

You can.  But be prepared to go to jail. 

 

I also want the meaning or purpose of this quote mentioning on this website (Because as per my thinking don't hide anything from doctor/advocate)

 

Do not trust your advocate with your strategies. That will be fatal to your case.  Just give him the bare minimum info required to file a case. Never sign any papers without getting two days to review them.

pawan kumar sinha (sse)     12 March 2014

Hi,

anybody can suggest me the process of divorce.my brothers marriage was done 3 years back but her wife is illitrate and often make noise as well as narrow minded.My brother is working in pvt company and when he come home,all the drama and fighting started after that.One more thing she and her family doesn't want divorce and 10 months back my brothers also lodge a information  in district court against her &family.Pls suggest what are the steps he should take for getting seperated

Biswanath Roy (Advocate)     13 March 2014

How could you address Learned Experts in this portal as ' Hi'  Don't you know common etiquette for addressing gentlemen ?  Are you a village rustic? I HAVE NO OPINION OR ADVICE TO YOU.

T. Kalaiselvan, Advocate (Advocate)     13 March 2014

@Sanjay: you do not have any grounds for divorce including desertion because it is you who has voluntarily abandoned her and staying away from her, you wanted to have a live in relationship with another female while your marriage subsists, your wife can lodge a complaint against you and the other female on the charges for the offences on adultery, besides she can lodge false cases u/s 498a, DV act etc, she can even file maintenance case u/s 125 cr.p.c.  You cannot escape from the liabilities.  It is better to talk to he and decide about the next course of legal action between you both.

 

@Pawan Kumar Sinha: first you answer the question raised by  senior learned expert respected Mr. Roy sir.

sandykrish (Interested in Family LAW)     14 March 2014

Dear Mr. Roy I saw your message and this is not the way you to respond to the person who has asked the question we value all your opinions. I have seen you coming into the forum and  giving opinions and when some of them show that what you are suggesting is wrong you say " This is my last message in this forum" just a child plays.

Please understand who come in to the forum are the ones who are in severe pain and they want the helping hand  from the learned experts so that they can come out of the problem. If you feel not to answer the such queries please ignore such threads and there is no point in coming in to the thread and demanding respect and telling them if you give respect I will answer other wise I have no opinion.

Everybody in this country has the Freedom of speech and expression and Article 21 of Indian Constitution gives every citizen of India to express their view in the way, some express differently. If you expect the system to be the way you want please refrain from passing such comments Village Rustic, the way you have messaged here shows that who is Village Rustic and who is gentlemen. 

Dont self proclaim that you're Learned Expert, no body has validated your worthyness in this platform.

Biswanath Roy (Advocate)     14 March 2014

I dislike waggery from the querists.  They can easily address EXPERTS as SIRS.  Does it will costs any thing extra? Whenever they visit their doctor with some pain do they address the doctor as HI DOC?.  i AM AFRAID TO SAY IF ANY BODY GOES TO ANY FIRST RANKED COUNSEL AND UTTER HI SENIOR WHAT WILL BE THE CONSEQUENCES?  IS HE WILL ALLOW THAT CLIENT TO ENTER IN HIS CHAMBER?       At our costs and expenses we are serving the querists in their need do you think that in return this behavior is fit for our valuable services?  You may say that we have liberty not to respond such queries that I shall follow now.  But I AM NOT ACCUSTOMED TO TOLERATE ANY MONKEY TRICK.. Be it noted also freedom of speech does not mean that it will hurt the dignity of others.


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