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janmejay patel (j)     01 March 2013

Extra affair of wife

Dear All,

 

I Mr. Patel, married in 19.03.2006 and got MM on 27.03.2006, as her family oppose we was waiting for settlement of our finacial condition so that we could start living saprately. After three months in May - 2006, she got married to some other guy, I told her to oppeose to parents on that she replied that my farther had already booked marriage hall and all other things purchased and money already invested which she can't waste.

After two months she called me and tell that she came back for me from her husband's home and will never go back there. Again she gives me lots of promises and convinced me and thus we started to live together on 17.05.07 as we already married one year back, and be together for 7 plus months, during these 7 months she started to showing her nature and I caught her two times and she cheated on me, we shouted and finally both times I reported to her father on call that she is cheating me. she used to do phone calls behind me and all that.

So we get saperated mutually. Now since March - 2007 she is at her father's home and trying to convince me to live together , simultaniusly I cought 3 affairs of her (her phone calls, text msg, personal meetings), as she free and not under my eyes, she wondering with his lovers which she confessed infrot of me every time whenever I caugh her and every time commit me that she will not repeat the same.

Now I want divorvse but she is asking money wheras she is already employyed and infact she had spoiled my life mantaly, socialy and economicaly.

Pl suggest for geting divorce without any problems.



Learning

 11 Replies

stanley (Freedom)     01 March 2013

 

@ author as you have quoted her three affiars i presume you should be having the proof for the same and hence you would have to file for Divorce .

The Courts have held that the evidence needed is evidence of inclinationand opportunity not graphic evidence of private activity in the bedroom.Inclination could be established by statements of affection in correspondence. Evidence of opportunity could be established through evidence that the two people lived together, traveled together or stayed in a hotel room together or were alone together at a time and place and for a duration which might be called "compromising". J

Now based on facts before us these are what you need to prove under'mental cruelties' grounds and they are not that tough to prove.


- Not looking after / serving guests at matrimonial home.
- Not looking after / serving relatives at matrimonial home.
- Not looking after needs of husband as wife's duty.
- Not cohabiting as husband and wife regularly (a marriage without s*x is anathema).
- Without consent of husband leaving home. (reflects deligency on part of husband not to know where wife leaves without consent of her hsuabnd every fortnight for 15 days if questioned by society that a couple keeps which is mental cruelty ground)


Witnesses are your friend(s) and relatives / family members for first two pointer and for last three pointers your cross examination under oath are sufficient

As for maintanence as she is a working women she is not entitled to it .

gopal (Faculty)     01 March 2013

Contact a local Lawyer, file a divorse case, stating all her cheating your maternal life. Prove your side with the strong evidences. try to obtain more edidances which make your case strong. If you proved well on your side. you wil win easily. try to get the proof that she has employed and educated and she is earning some amount per month. There are some judgments are there if the wifes having capablity to earn then they do not need ask maintenace.  

janmejay patel (j)     01 March 2013

thanks for advise.

 

I know she is chating with her boyfriends / calls and meet them but may I ask for her call details / text msgs details to prove my side?

she is asking money for divorse as maintannce than by which rule I can oppose? 

I came to know from mediators that she willing to file case on me if I denie for money, though her affair is currently going on which I can prove with call / msg details.

May I file case against her and her father for marriage done by her with guy other than me?

What I should do? 

gopal (Faculty)     01 March 2013

before she file a false case on you, better you file a divorse case against her and state all the informations about her and her character with strong proof, the proof are relaible as stanly  

do not waste time for discussing, first order the proofs and evidences then immediatly approach a lawyer and file the case.

contact stanly for further assistance

gopal (Faculty)     01 March 2013

the proofs are reliable as per the advice of stanly

stanley (Freedom)     01 March 2013

@ author has she divorced her first husband and than got married to you legally else your marriage would be considered as void . As i was observing the dates between her first marriage and second are very close and it suprises me that she obtained divorce so fast . 

As regards to her filing false cases she can like 498 a and DV but when it comes to the evidence stage all of it will go for a toss . 

janmejay patel (j)     01 March 2013

first of all thanks a lot for taking interest in case.

 

further giving you more details ,

I married in Mandir 19.03.2006 and admitted reqeust by ARAY SAMAJ - VED MANDIR itself and get certificate of court i.e MM dtd 27.03.06, now she married with other guy in May - 06 and came back , than we decide to live together in other city and after one year (after making ourselves financially strong) in May - 07,  yes she get divorce too meanwile.

But here one mistake was done I don't know it is mistake o wt but when we left our home, as I know his father's we put a confessin that she is leaving her home with her concent and coming with me as my wife and this confession given in our local police station ( We both was living in same Police Station are and for both of Our homes same Police station is applicable), so that her father can't harrase my perents. (One more thing here I want to clear that though this confession given by her only in our local police station her father came to my parents with some police man and threaten them (with the help of money).

I think my (Our) that confession after her marriage is proof that I am taking her with my concent and thus though in sequence after My marriage, Her other marriage was done I am help less to prove our marriage nul and void.

Can something workout on that? 

Ranee....... (NA)     01 March 2013

Her second marriage is null and void as she married to you first.If you can prove her second marriage your case will be strong.

ragz hyder (PM)     04 March 2013

Heres the icing though you cannot prosecute a hindu wife for bigamy. Thank god she did not ask for residential rights in your property or she could be f**king someone else under your roof and there would be nothing you could do about it until you get divorce.

janmejay patel (j)     04 March 2013

yes I have proof -  her marriage invitation card - so We can prove it , but as you said her second marriage is null as she marry me first,in this situation can't we present it as cheating done with me?


(Guest)

The opposite lawyer will argue that since you knew about this and continued to live with her for few years,you have condoned this act and it loses it`s value.Learned lawyers will better advise you here.


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