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Rajesh (engineer)     19 August 2013

Seeking help on divorce

I have been married for 1 and a half year,

7 months back found out that my wife had ex boyfriend and she had been texting and calling on odd hours.

Also found out that in the mails that he had used so much vulgour and in appropriate words and my wife inspite of that had been talking with that guy and sending photos.After i found out, i warned her and she told she will not talk with that guy . But recently i have found out, that she is talking still.

I would like to do what next i can do.

Please help.



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 17 Replies

Adv Archana Deshmukh (Practicing Advocate)     19 August 2013

Take the help of family members and convince her not to do so. You cannot get divorce on the ground that your wife is talking or sending photos to some guy.

Rajesh (engineer)     19 August 2013

Hi,

Thanks for your reply,
I did speak to her brother, 7 months back,

The mails between them were bad,In one mail he had asked her to elope with him,

she replied what he will tell to her parents.


He had said she wants her fully and all this happened after marriage.

I saw all this and gave her a chance , thinking that she didnt understand the situation and seriousness.

But if she still talking with guy, and i believed that she will not.

I am not able to accept it.

Isnt cheating on your husbands trust punishable even after giving a second chance.


(Guest)

The continuity of such act by your wife leads u/s 13 ia HMA 1955. Where wife is continuously harrassing her husband mentally by insulting her,indulging in the verge of Adultery even after several intimations given  by husband.

 

Just go through the below link on mental cruelities dony by wife on husband and read all related judgements. It will clear your thoughts as what to do next if she is not bothered to maintain the trust.

 

https://www.lawyersclubindia.com/forum/LIST-OF-DIVORCE-JUDGEMENTS-ON-MENTAL-CRUELITIES-DONE-BY-WIFE-85793.asp

 

regards,

Adv k . mahesh (advocate)     19 August 2013

talk to her and solve the issue wihout going legally will help you matrimonial home because once you go through legal process here the married life will be broken 

Adv. Chandrasekhar (Advocate)     19 August 2013

The incidents you narrated point towards adultery and it is a ground for divorce.  By engaging a "private eye", if you collect evidence to prove this fact, then you will succeed in obtaining divorce.

Rajesh (engineer)     19 August 2013

Hi All,

Thanks for the reply.

The first time it happened,I knew only that she had spoken with her ex,she told me that she was trying to be well wisher for her ex.

I asked her if she had crossed the limit,she said she didnt cross the limit,

Later in weeks to come , i had found out that guy had asked her to come his room, give fully and all those crap,

She had denied few times, that she is not such a person, But had still had sent her photos, n the dress he wants.

Spoke with him over phone,email,chat and after sometime that guy left to US.

Could the above be considered as adultery?

I am very hurt over the fact, after seeing all this,

I explained that these guys are taking you for advantage and he is bad and so on.

she said she will never repeat this.But she had done it again.

 

I just want to get relieved from her.But she says she wants to live with me.

Please advice.

fighting back (exec)     19 August 2013

@rajesh...your marriage life is dead already, the moment she thinks of someone else, the marriage is over, she will continue to pretend, and you will continue to suffer, there will be no end. just go by the advice of 'sufferer' he  has advised rightly, there is no point in continuing over a 'dead' marriage.

Rajesh (engineer)     19 August 2013

Is email proof containing vulgour stuff enough for me to get free from her.

She is threatning me with suicide. what should i do ?

SRINIVASA PRASAD Warangal A.P (LEGAL PRACTIONER )     22 August 2013

@ author,

 email proof is not sufficient. and Adultery can be charged. Any one who knows the pass words can input anything what once like. Get proof in confidence then take action. Otherwise no use. 

 

good luck

Rajesh (engineer)     23 August 2013

I dont think i can live with her anymore,If she refuses to give me a mutual divorce,

and if email is not enough as a proof.

how do i get free from her?

Is ther anything bad that she can do from her side? as i have told her family that i cant live with her anymore

because of her character.


(Guest)

Who told you to go against your will and live with her at any cost, if you are suffocating by her adulterous behaviour and still she is not changing then leave her. No one could force you to live with her.


Let her come to you and ask as why you have left me?

then you answer her as your 2nd husband is alive, no need to come to me and ask all these.

Let her be as illegal slut.....

 

If you are not in hurry,let her knock the first door of court.

Meanwhile you just keep silent and collect more evidences of her reg. adultery,desertion,mental cruelity.

Once you have equipped with all the above,file a well drafted divorce pettiton based on mental cruelity,as all above comes under mental cruelity done by your wife. Your divorce is as transparent as her adultery.....!

Rajesh (engineer)     23 August 2013

Hi Sufferer,

Is ther something that she can do against me before i try to get free from her.

Like she filing a false complaint against me.

And other doubt i have,

if she says she wants to live with me still, what shall i do.

she has been pleading to give me one more chance.

How does the court handle it?

Is there any thing immediate that i need to do from legal prespective.

Adv. Chandrasekhar (Advocate)     23 August 2013

If she has done adultery after your marriage and you are not in a position to pardon her, then proceed and file a case for divorce on the ground of adultery making her as well as her adulterer as parties.  Even though just e-mails are not sufficient proof, as you are not interested to have relationship with her any more, filing a divorce suit is a method to keep away from her.  If she expresses her willingness to stay with you before the court, then also the ground of adultery raised by you will aid you to say to the court that why you cannot accept her.   If she files any false case contest it by merits.


(Guest)

Hi Sufferer,

Is ther something that she can do against me before i try to get free from her.

Like she filing a false complaint against me.

 

Opinion: There is no time bound for her to file false cases and ask anything. It's her fundamental right to file N number of false cases and ask N number of reliefs. But mere allegations can't do anything. She has to proove all her allegations if she needs relief.Don't afraid of false cases,just face it and counter her cases on merits. No conviction until or unless you have not done any thing wrong.

And other doubt i have,

if she says she wants to live with me still, what shall i do.

 

Opinion: Again it's her fundamental right---Right to speach let her say what she want. But you also have your Fundamental rights--- Right to live & liberty.

Just stick to the your statements which you will mention in your divorce petition. Court can order maintenance to her,Court can order Residence/Rent to her but can't force you to live with her. So, here the burden of proof lies on you how to counter her maintenance, Residence/Rent. If she has income which is justifiable by court to maintain her and reside her then you are not liable to pay her.

she has been pleading to give me one more chance.

Opinion: Same as above and lastly it depends on You.

 

How does the court handle it?hing wrong to her,

 

Opinion: It's very subjective as well as impractical to comment on the handle of court. As no one could predict the mood of the judge and the judgements.

it's totaly depends on the facts & circumstances of your case,on your lawyers arguement and your evidences & proofs against her.

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