Is staying in live-in risky while divorce is going on ?

knowingly extra martial affair with proof [pic.] and the demand, still there is no other cases to press demand !!!
fail to understand hw husband case is strong in absence of any DV or Dowry.  indirectly It may implies tht she is happy with him inspite of knowingly his extra-martial affair. Though this type of situation now a days is happened only in dream.
It proves malicious intention of husband behind filing divorce.

goheel, maybe you commenting after knowing half facts. so i would let it go. FACT is, she does not want to file a DV or other cases as she would not be able to prove it in court. Infact the husband has proofs of regular fights, ignoring the children, filing false police compalints and other cruelty from her side.She earns about 80,000 per month so no point filing a maintenence case too. She left the children on her own and hence not filing the cutody case too.  She is just delaying the divorce case to trouble the husband to pay the money. She left the matrimonial home on her own and the neighbours would stand up for the husband for this. OR MAYBE the DV and other cases are yet to come. MAYBE another delay tactics of her lawyer. . Hence, request to reply to the queries made rather than just making guesses.. 

it is not my guess work. i say on the basis of the info u hv given in ur first query and not hidden part which u just now make it open in forum.

inspite of this, u r most welcome to blame tht i hv oversighted ur hidden part.

my views on ur hidden part which u make it open in forum after my early reply:

agreed highly educated and earned woman won't get monetary relief. - but that who decide. YOU ?
agreed she has no right to ask fr custody tht too who decide ?
reason fr delaying is not swallowable since u hv already decided she is not eligible fr anything thn wht is fearing u abt maintenance.

fail to understand on one hand u mentioned in the query husband has filed divorce case 3 years before and during tht period there is no counter.
now in another thread u say it may.

lastly must say tht u r confusing the readers of the forum like me who wish to learn something from strategies of others.

You are seriously strange..  as you putting your views without even considering what i had asked for...  I see that you are also as new as i am in this forum hence, if you are not a legal expert, please avoid giving such ideologies. OR maybe u got offended by my earlier reply to you...so you will go on writing anything now. 

it is not my guess work. i say on the basis of the info u hv given in ur first query and not hidden part which u just now make it open in forum.

inspite of this, u r most welcome to blame tht i hv oversighted ur hidden part.  i was not blaming.. i pointed that and gave more inputs of the case. else, the blame would'nt have come with more details of the case.   

my views on ur hidden part which u make it open in forum after my early reply:

agreed highly educated and earned woman won't get monetary relief. - but that who decide. YOU ? YES, i know this after consulatation with many lawyers and senior legal experts. 

agreed she has no right to ask fr custody tht too who decide ? YES, i know this after consulatation with many lawyers and senior legal experts. She is free to ask for anything but then, will she get the custody is the point ? If the children will say that in court... do you think, then i can get the custody ?

reason fr delaying is not swallowable since u hv already decided she is not eligible fr anything thn wht is fearing u abt maintenance. from where did u pick this - she is not eligible ? and did i say......i am fearing of giving maintainence ? surprisingly, u not reading what i am writing or asking.... you giving your own viewpoints... and comments... !

fail to understand on one hand u mentioned in the query husband has filed divorce case 3 years before and during tht period there is no counter. no counter ? what do u mean by that ? 

now in another thread u say it may.  AGAIN...this is the only thread i have...  

lastly must say tht u r confusing the readers of the forum like me who wish to learn something from strategies of others.  i say - u wasting my time and of others. i am here and expect dear experts to help on a particular query. READ MY QUERY AGAIN.....AND LETS STICK TO THAT ONLY. why discuss baseless questions here which are irrelavant here. 

with all due respect, PLEASE, stay away from my thread now and let the experts speak.  thank you so much. 

If the court accepts the evidences submitted on adultery,that will certainly have an adverse impact to the husband in obtaining divorce.

thanks Sainath sir.. 

but what if this can be proved that there has been no physical cohabition between husband and wife since 6+ years?  will this not be a ground of cruelty and that this can be the reason of an extra marital affair. i have allowed to let my life being spoilt in the hope of a settlement of comeback but now, cannot hope for more. need to move on and settle somewhere. plz give replies to my questions also.

Have to prove that they are not living like husband and wife since 6 yrs,have to prove that she was not interested in marital life.But this reason cannot be cited for enlarging extra  marital  relationships.U cannot indulge in such things as long as both of U are husband and wife.

Punishment for Adultery

Section 497 in The Indian Penal Code, 1860 497.

Sainath Sir..

To add to this...definition... it also means..that "an affair with an umarried girl or a divorcee or a widower is not adultery". is that true ?  have read this on this forum and elsewhere too... then how can i be in the category of adultery ? 

You are seriously strange..  as you putting your views without even considering what i had asked for...  I see that you are also as new as i am in this forum hence, if you are not a legal expert, please avoid giving such ideologies. OR maybe u got offended by my earlier reply to you...so you will go on writing anything now. 

yes indeed we are strange. For that matter most of us in this forum r not only strange bt only knw on online identity which can be changed with a flick of second.
why shld one shld feel offended frm the virtual person. 

it is not my guess work. i say on the basis of the info u hv given in ur first query and not hidden part which u just now make it open in forum.

inspite of this, u r most welcome to blame tht i hv oversighted ur hidden part.  i was not blaming.. i pointed that and gave more inputs of the case. else, the blame would'nt have come with more details of the case.   

ur tone was like blaming for ignoring for the VERY details that u wrote afterwards

my views on ur hidden part which u make it open in forum after my early reply:

agreed highly educated and earned woman won't get monetary relief. - but that who decide. YOU ? YES, i know this after consulatation with many lawyers and senior legal experts. 

sorry to inform u tht only and only judge can decide. Ofcourse venue of appeal is always opened.

agreed she has no right to ask fr custody tht too who decide ? YES, i know this after consulatation with many lawyers and senior legal experts. She is free to ask for anything but then, will she get the custody is the point ? If the children will say that in court... do you think, then i can get the custody ?

same as above and upto certain below age of children, their consent r not considered while deciding their custody.

reason fr delaying is not swallowable since u hv already decided she is not eligible fr anything thn wht is fearing u abt maintenance. from where did u pick this - she is not eligible ? and did i say......i am fearing of giving maintainence ? surprisingly, u not reading what i am writing or asking.... you giving your own viewpoints... and comments... !

from one hand you mention/say
She has not even filed a DV / custody/ maintanence case on the husband till date as she already earning good.

on other hand u say/mention
 She is just delaying the divorce case to trouble the husband to pay the money.

fail to understand on one hand u mentioned in the query husband has filed divorce case 3 years before and during tht period there is no counter. no counter ? what do u mean by that ? 
don’t aware of meaning of counter.
Seems Ur learned advocate not inform u to b prepared fr worst fr counter while filing divorce case when filing of RCR attract counter case.

now in another thread u say it may.  AGAIN...this is the only thread i have...  
thnx fr drawing the attn of my poor English bt hope u knw my reply is addressed to ur reply.

Goheel... tu toh preshaan ho gya bhai...  ego hurt ho gayi shayad !!

You say - 

same as above and upto certain below age of children, their consent r not considered while deciding their custody.

You say - sorry to inform u tht only and only judge can decide. Ofcourse venue of appeal is always opened.. will he decide out of the law ? does he know more than the senior most lawyers in the country ? i have myself read law and i know the custody of children is safe with me. Is that enough for u ?

You say - from one hand you mention/say
She has not even filed a DV / custody/ maintanence case on the husband till date as she already earning good.

on other hand u say/mention
 She is just delaying the divorce case to trouble the husband to pay the money.    If the wife really had some grudge or wanted to fight the case for anything wrong that had ben done to her, she would have filed all cases in no time... but now...she is delaying the divorce case only because she wants money out of court and she very well knows that she would not get that kind of amount in court. So, delaying it... samjhe, raja babu ?? 

You say - Seems Ur learned advocate not inform u to b prepared fr worst fr counter while filing divorce case when filing of RCR attract counter case.      As you do not know the details of the case and current scenario, i leave this on you to think as wild as u can. mast raho..... swasthya raho. 

Am again saying, u are requested to stay away from my post and threads...  do not have time to waste on such silly arguements. I am new here but having spent much time reading comments by some experts, know how this forum works. Do not try to be an expert when u know nothing OR even if u try, please to stick to what has been asked. 

You say - 

same as above and upto certain below age of children, their consent r not considered while deciding their custody.
Do u know the age of my children ? NO, right ? then how do u say, i havent done that kind of study and recce and come to this state. am doing everything a father would do to keep his children with him (in such senario).

NO big no about age at the same time u donot care to inform thn how do u expect one to know.

You say - sorry to inform u tht only and only judge can decide. Ofcourse venue of appeal is always opened..
will he decide out of the law ? does he know more than the senior most lawyers in the country ? i have myself read law and i know the custody of children is safe with me. Is that enough for u ?

glad to knw u r above. Because every big shot in legal field do give their opinion however they leave it to presiding judge.
believe u and ur learned advocate are above the tradition.

You say - from one hand you mention/say
She has not even filed a DV / custody/ maintanence case on the husband till date as she already earning good.

on other hand u say/mention
 She is just delaying the divorce case to trouble the husband to pay the money.    
If the wife really had some grudge or wanted to fight the case for anything wrong that had ben done to her, she would have filed all cases in no time... but now...she is delaying the divorce case only because she wants money out of court and she very well knows that she would not get that kind of amount in court. So, delaying it... samjhe, raja babu ?? 

that inside story involved person knw better.

You say - Seems Ur learned advocate not inform u to b prepared fr worst fr counter while filing divorce case when filing of RCR attract counter case.     
As you do not know the details of the case and current scenario, i leave this on you to think as wild as u can. mast raho..... swasthya raho. 
 

“As you do not know the details of the case and current scenario” in this regard  I like to draw ur attn to the facts tht not only me but who read ur thread know only things u wish to let them. Not more.

fail to understand how a  man of ur caliber expect from everyone to understand like a blind munni who recognized Raja, Pradhan, Senapati and Sainik from the way of their asking.

Its better if the concentration of the members is on the problem of the querist rather than debates and exercise of skills and valours.

Adultery means:

"voluntary s*xual intercourse between a married person and a person who is not their spouse."

Originally posted by : the rising man
	but what if this can be proved that there has been no physical cohabition between husband and wife since 6+ years?  will this not be a ground of cruelty and that this can be the reason of an extra marital affair. i have allowed to let my life being spoilt in the hope of a settlement of comeback but now, cannot hope for more. need to move on and settle somewhere. plz give replies to my questions also.

I had read your query a year back or so.

And my reply is still the same.

Its the way you put it across the table, you can tell court, you were denied se x so you seekeed it outside of marriage and that you dont see any fun in continuing with this one and that to grant divorce from this one, so that you can marry that one.

Its always better to take divorce via MCD and then go settle elsewhere with that one.  Simply going off may lead to property issues later if you have any kids from this one or that one, as this one may file case if you want to give any share in your property which is ancestral.

Better get rid of this one and then settle with that one, or keep doing two boat business, you have done it so far, you may as well do it for another couple of decades, and later who cares?

must hv read the same query under another name since queriest mention somewhere in this post  tht it is first post.
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