Sir
Here is a very typical case of Adultery:-
1. I got married to a girl in 1996, the lady got pregnant after one month of the marriage. After her pregnancy she told me that her marriage was arranged forcefully with me as she was in love with a boy who was her class fellow, but was from a backward class of the society, her parents did not allow for the marriage and forcefully made her marriage with me. She requested me to allow her to meet to her ex- boy friend. I was shocked to hear these words from her mouth and was very disappointed. I was in Army service and after completion of my leave I come to join my duty, my wife was at my home. Thereafter after three or four days her brother come to meet her and she told my mother that she wants to meet her parents and want to go to her village, My mother allow her to go with her brother.
2. After few days they send a message that she will not come to my home and wants to leave with her ex- lover and told my parents to get ready for 498A case and Maintenance to wife as per law for the full life as I am in Govt. Job. As per her planning they approached the boy but he refused to accept her as she is now married.
3. Now after negative response from the boy they i.e. the girl’s parents again approached us to accept their daughter as my wife, but my parents and I refused their proposal.
4. Now they file a case of 498A and a case for maintenance in the court and I filed a case for divorce.
5. During the trial of these cases in 1997 my wife gives birth to a male child. These cases were pending in the court for a long time and during the pendency of these cases in the year 2000, without any divorce from me my wife contacted with 3rd person and makes a contract marriage with this man. In 2002 she gives birth to another male child from this illegal marriage.
6. Divorce case filed by me and the 498A case filed by my wife were rejected by the court in 2003 and 2009 respectively. The case of maintenance was termed as X- parties by the court in early days of year 2007 as both the parties are not attending the court hearing.
7. In mid of the year 2007 the contract husband of my wife died in a road accident. After the death of her illegal contract husband she filed an application in the court to start the maintenance case again. The court gets agreed and fixes a monthly maintenance of Rs 3000 pm.
8. Now she has appealed in the high court to increase the amount of maintenance which is pending in the court.
9. Till now she is leaving in the house of her illegal husband. In all the cases she claims that she is mother of only one child and had not married to anybody except me. Everyone knows that she is mother of two children one legal and other illegal.
10. I have submitted many proofs in the court i.e. Birth certificate of both the Childs, voter card of the lady in her new husband home etc. but are of no use.
Note:-
1. She is leaving in her 2nd husband home since the year 2000. Can I Re file a new case for divorce after this gap of more than 14 years and ask the court to conduct DNA test of the 2nd child with her mother?
2. Can the minor child who is studying in class 6th in a public school be called to the court for DNA test and how?
