Shrirang Tembe 02 August 2016

Proof of adultery or bigamy

Hello, I have been married for 5 yrs. My marriage has never been consumated in terms of physical Relation. My wife didn't let me be physical with her on the account of pains. She being of very suspicious nature, always took doubts on me of having affairs. Last 1 yr, she has left our marital house and been staying with her parents since then. They are demanding for maintenance money under 125 CRPC. Or a heavy alimony amount which I am neither able or not willing to pay. My question is 1. Should I file a divorce petition under Non consumation act 2. What is the legally valid proof of adultery accepted in court of law, as I have doubt that she might be involved with someone else 3. If I find out that she is working, Which they have stated otherwise, how it will help?

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4 Replies

Kumar Doab (FIN) 02 August 2016

Similar query has been discussed at:

https://www.lawyersclubindia.com/forum/Is-divorce-possible-from-a-s*xually-impotent-wife--140380.asp

Kumar Doab (FIN) 02 August 2016

LCI expert Mr. Shonee Kapoor has started an initiative for husbands sufferring from such issues.

You can benefit from his counsel

Shrirang Tembe 02 August 2016

Thank you. How can I get in touch with him?

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 02 August 2016

I wouldnt advise you to consider adultery as a ground to seek divorce. Whatever happens within closed doors are as it is hard to establish in court. However you may allege her involvement with another man to be a ground for seeking divorce. That is a much better option. Adultery requires specfic s*xual intercourse to be established. Very hard to prove even with circumstantial evidence. I have seen in my experience that extra marital affairs act as a better ground for seeking divorce based on cruelty and not adultery.Non consummation is also a very strong ground as rightly identified by you.

Her non disclosure of her employment despiute having source of income shall definitely influence the court to draw an adverse inference against her. That should help your case.But then again thats a very sweeping statement. Shall be able to afford a better opinion after getting to know about the actual specifc facts.

Augustine Chatterjee
Advocate & Solicitor at Law
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