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ritesh (project manager)     16 October 2013

Help reuire for divorce case urgently

Hi my self ritesh from ahmedabad age 36. I was got married in 2002 and me and my wife had good relation till 2009 in 2008 due to job I was at abrod for 2 years and then after also I came back in indiabut not at home but at kerala and dehradun up to june 2012. During this period we had purchased a property at ahmedabad in end of 2009 and as all knows be have benifit in taxation I had book my house on the name of my wife. But as she was house wife in the bank loan was made on my name as a co applicant and my it returns. Also dp was paid by me only which was recored bye bank as I was not in india I had transfer to my wife account and 2 years installment also paid. But after purchasing house she refuse physical relation and also refuse to come dehradun for stay. I heared from so many people that she had affaire with my family friend in ahmedabad but I dont belived but after long time requiest she does not come to dehradun I resign from my job and sit at home. There sfter after two month all the tru th comes up but not in right way just my when I asked her she start rroundand round talk after that she had start making complaing in police by giving application agaist me but not file any fir. Now in june 2013 I had file divorce on based on 13 b mutually. In which I had accepted my property and my bo th children will stay with her and she was not entitled for any maintanance. 

Sorry to say something. I have two children 10 yes and 8 yers. Second after resign and sititng at home I found my wife and her boyfriend had burn my younger child 4 time by knife. And in march we had mutual samjota karar in which we all th ree had sign wi th photo. In that document they admitt my wife had taken 3.5 lacs re  from him without my knowledge and burn case . Also my wife had tried to breack her all engagement . Even I found my wife call log in which I found 100 call and sms in one day for long period I had 2 month call record and same result. Even in add time so I also think in my absence also she was calling him in odd time when he was away from home

Now I had secont date form my divorce is in dec 23rd. But before couple of day we had meeting with that person one day mine with him and second day with my wife and me and thT person all three and this meeting was finalies on mail communication which was recorded audio recording on my mobile phone . In which first day he aggri for physical relationship with my wife and second day both. 

 Now I want to make adultary case against my wife and to make her abuse in everywhere so pl guide me how

1. Can I convert 13 b case in 497 adultary case and how 

2. I want my house and both chil. Back to me but bo th are not ready to stay with me but both agree that that person had burn my child instucted by my wife and wrriten evidence I have.

3. My wife had write a suicide note in which she admit physical relation with that person but after words she had turn off that paper but some instant it it readable 'mera uske .name. najayaj samband hai  and sign is also redable. But she ttoldme she will tell every one I was forcing her to write such a letter....

4. Call log which even I dont have so suggest how I can get it for last 4 yers. And what whill be effect on case

5. Audio recording which is useful or note 

6. Some other call recording in which that person committ that he was tourcher my wife and giving money to her abount 3.5 lacs  and my wife call recording with him in which she was say that she had relation with him but that person refusing.

77.iNour s*xual relation ship she start shouting thT that person was only able to satisfy her and he was never hert him and so on.... 

Now pl suggest my all the poinfs ...

Thanks 

Ritesh



Learning

 5 Replies

ritesh (project manager)     16 October 2013

8. Sorry for forgot my wife is doing a job and I have copy of appoint letter in which her salary 20 k per month in one and recent job it is blank. I had already mentioned from july 2012 I am job less so I want mentanace from her waht to o...

gautam (not disclosed)     17 October 2013

Few uestions

a) Why are you jobless?  you were earning for a long period of time, why can't u get a job?  Judge would want to know the reason, as if he is convinced that you are not working deliberately, then it can go against you

b) As house is on wife's name, it is her property, even if you have paid for the same, it would considered as a gift from a husband to wife (unless loan agreement exists between spouses), Generally, if you prove that you have paid for the house, then you can get relief in some alimony amount

c) even children agree that your wife's lover tried to burn them upon instructions of your wife, why are they not ready to live with you?  do they find they will be better off with your abusive wife than you? what is the reason?  Generally court denies custody of wife only when it is proved that she is not capable to take care of the children, if you can prove burning kids then it will be a positive for you, but then court might want to know why the kids prefer to stay with their mother

ritesh (project manager)     17 October 2013

1. I ws working as a project manager field in telecom which is totaly down at present recently contry like america had put ahutdown in state then it will affect whole market. Further labour class can get job easily but at certain level it is very difficult to get job. Evenif I had tried a lot for downword job but they refuse as highly qualified second I had resign my job in june 2012 and I had file case in june 2013 so it was planned resign I can say I want to sattle with my family only but after long search of job unable to get.

2. I am planning to file adultery case in which if I can proove it 5 yesrs prison is there . Also athe age of my children are not that much so they can not understand their good or bad as I was away from them long back from 2008 they are hebituated with my wife only but as a written document as well as audio clip we can proove she can do further wrong with them. 

Presently if we forget about property can we proove adultery on given documents.

gautam (not disclosed)     17 October 2013

Experts, Please provide your opinion on Point 1), in the past judge takes an negative and suspicious view on the husband who has resigned from his job, especially when wife can allege that the husband has purposefully resigned from the job to avoid paying alimony and maintenance.  A educated man is expected to find ways to earn and maintain himself and his family.  But Ritesh problem is a common problem with most private sector job.


On Point b), injustice has been meted out to you when your wife committed adultery, and if you file divorce case on the basis of adultery, and if manage to prove that, not only will you get divorce but you wont be ask to pay alimony too. Lawyers can actually study the proof in details and advise you better if the proofs would be sufficient to grant you divorce.

ritesh (project manager)     17 October 2013

To prove adultary I have below mentioned proof pl study

1. Suicide note in which she mention her relation but it was turn off from centre and only one part is with me but when you write some thing that immpression comes next page too that page is also with me.

2. We can get call log of her n his no as I had seen she had called her in mid night 1 am to so iin abcence of husband what is the reson to talk in such a odd time 

3.hEr call call recording in which she was telling her about their e elation to him but that person not accepting 

4. Recent audio recording and mail communication with that person in which 1 st is between me and his and second is between four person me my wife that person qnd his friend.

5. Also we ask for that person and my wife for narko test and further we can ckeck his mobile and laptop I think some useful stuff is must be their as once that person told me he has one recording in which his and my wife communication is there 

6. In adultery case prison is only for my wife or for that person too pl cla e ify


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