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Ravi.498a (dd)     14 September 2015

Divorce - live-in relationship

Hi,
My wife filed 498a,DVC on 9 memebers in 2013. and all cases were closed on january, 2015 and got acquittal. Now myself and my wife are staying seperately and I am contesting divorce case in court. actually, my wife and myself has been living seperetely for more than 4 years. I am live in releationship with my collegue since 2014.

Some how, this information reached to my wife and threating me like that she would explained about my live in relationship to the Judge in next date of divorce case.I hope that, My wife doesnt have any proof about my live-in relationship,she knew it some channel thats it only. 

1. A husband who is staying seperate from wife and doing live-in relationship with unmarried girl is illeagal?

2. If my wife has any proof and showing it them in court, How will judge react to this?

3. What can I do now? please give me suggetions.

Thanks,
 Ravi



Learning

 9 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     15 September 2015

Sir, Who is contesting divorce and on what ground ? 1. No. 2. Court will definitely be in her favour in that case . 3. Just be careful that no one is doing detective work on you to get the photographs and all ... Warm Regards Kapil Chandna Advocate 9899011450

Ravi.498a (dd)     15 September 2015

Hi Kapil Sir,

I am contesting the divorce case

prabhakar advocate (advocate)     15 September 2015

Why do you worry? If your live-in relationship is not someone else's wife and crossed the age of 18, then let your wife all the proof of documents about live-in-relationship in the court. It amounts to adultery. So, after your wife proving adultery can ask the relief of "divorce" and nothing else. As you also want divorce, then where is the problem? Jo mareez manga, vohi dawai doctor ne dee.

LegalFighter (test)     15 September 2015

Adultary is very very hard to prove.She should prove that you had s*x with a woman who is wife of another man with evidence.Lot more adultary case got dismissed based on the evidences like s*xy chats, photos where a man keeps hands on  private parts of another girl.These evidences are not enough to prove adultary. A husband can malafide and file adultary on her, but she cannot.

 

Though she files adultary, only she can demand divorce and more alimony.so give divorce and fight for alimony.

Sonali   15 September 2015

Even though you don’t have any relationship with live in partner this will be considered as adultery. It depends on arguments, evidences and judge.

Samir N (General Queries) (Business)     15 September 2015

I agree with advocate Prabhakar's advice here but not fully. Most of us tend to defend ourselves against all litigations in matrimonial matters not realizing that some allegations, even if wrong, can actually work in our favor. If you want divorce, yes, this would be the logical thing to do. Admit to something that allows you get divorce.


So, why am I not agreeing fully? Ah! You have filed divorce. She has filed criminal cases against you and you were acquitted. That tantamounts to cruelty by your wife on you and you are entitled to divorce based upon that. I presume that you have filed divorce based upon cruelty by wife. If not, amend the petition to do so. In some jurisdictions, cruelty by wife disentitles wife to maintenance after divorce. The logic is that if your wife was cruel, she was responsible for the divorce so why should you be punished.  Do some research in this area. Under these circumstances, your cruelty arguments may get diluted by your pre-divorce affair.


Disclaimer: I am not an advocate and speak out of my own experiences in such areas. 

advocatepassy@gmail.com 971794 (Advocate)     15 September 2015

I do not think live in with an unmarried girl is crime. She is not your wife and you have not married her before the divorce is granted

advocatepassy@gmail.com 971794 (Advocate)     15 September 2015

I do not think live in with an unmarried girl is crime. She is not your wife and you have not married her before the divorce is granted

T. Kalaiselvan, Advocate (Advocate)     22 September 2015

1. A husband who is staying seperate from wife and doing live-in relationship with unmarried girl is illegal?

Yes it contributes to adultery, but it is  the burden of the person alleging that offence to prove it beyond doubt. 

 

2. If my wife has any proof and showing it them in court, How will judge react to this?

A judge of the court has lot of other works to do than to react to each and every thing put before it, the court will decide the merits and dispose the case on the basis of its findings that have been established before it by either party.

 

 

3. What can I do now? please give me suggetions.

You avoid providing her any documentary evidence or allow her to have an access to such evidences. 


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