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Nav (Eng)     10 July 2011

Divorce from wife on adultary

I am a govt servent. Ours is an arranged  married in 2004. From the day one she is used to torture me by using filhy language and false remarks about everything. In 2005, My elder child born. In 2007, she left for her matrimonial house and didn't returned upto 2009 after behaving very cheaply inside home and also outside. After exhausting all social and famly channels, I filed for divorce in family court.  After 3 hearings, she said that she is ready to come to me.  Keeping the future of my 5 yrs old son, I withdrew the pitition and started liviing with her from Nov 2009.

When I went on my duty for one week to another city in Jan 2010, she had consentual s*x with one of my collegues (junior). She was pregnent of one month at that time.  After my returning from the trip, she started behaving in the same manner of my old time. I didn't know what she did.  She made my life miserable and everyone around my home witnessed all the happenings. She delivered my 2nd boy in Aug 21010. When I went to bring her and my elder son in Jan 2011, in front of my parents and her father, she alleged that I am making her to sleep with my collegues. Everyone was shocked to her that.  I didn't bring her back and came along with my elder son. He is studying in  school.  He is confortable with me.  In Feb, he came to me and narrated whole incident that occured between them.  He says that she threated him if he didn't heed to her wish. He is ready to depose in court. ( I have recorded what he said).

I can't toterate this. (at least blaming others for her deeds). Can I file for divorce from her? Does she deserve maintainenace? If yes. how much? ( I am earning 25000 pm and getting in  hand of 14000 after deductions). Pl advice me?



Learning

 6 Replies

Jonathan (acv)     10 July 2011

Very very to sorry to know about your condition. 


(Guest)

Extremely sad to know about your marriage life.

Can I file for divorce from her?

Yes u can file for divorce. Meet a good lawyer in your city.Tell ur dispute briefly. Have patience and faith in God.

Does she deserve maintainenace?

Yes u have to give maintainence to your wife because u r lawful guardian of ur wife. It's your moral obligation.But you need not to maintain the ur illegitimate child. Your wife and your junior assisstant will take care of him till maturity.

How much???/

Court will decide it, depending on economic conditions of wife.

Best of luck.

Nav (Eng)     11 July 2011

Shall I wait for the mandetary 2 yrs seperatation time or can I file divorce now itself? We are living seperately for the last 7 months. Thanks for ur concern.......

Sandeep Aggarwal (Advocate)     11 July 2011

Dear No maintenance is essential if you are able to prove the Adultry. And you can certainly file and get divorce from this wife.BUT prove your allegations in court and win.. win.. win .. is there.

Sandeep Aggarwal (Advocate)     11 July 2011

Dear Nav file divorce immediately and wait for nothing. Go ahead. everything is in your favour.

Krishna Kumar (Business)     11 July 2011

Hi Nav.

If you able to collect the evidence for she is doing Adultary with your college, it will support your case well. So collect the evidence at whatever format you can. Get some photos or vedios if possible or get some person who can come and say she has done adultary in court.

But she may turn the case by telling you are forcing her to sleep with some one. So you need to get strong evidence before filing Adultary. if you prove it, hope you no need to pay any maintenance to her.


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