Geo (Executive) 01 May 2014

Victim of wife cruelty

I m a victim of financial fraud and adultery by wife in a failed relationship, .We hv been married for more than 7 yrs

Myself and wife were both working professionals. Her salary has been much more than my salary always. We have got two properties in Location A and B both in joint names. Location A property bought by both me and wife contributing money. Location A property sold jointly by us, but money went to my wife account (as she was the face for the buyer selling property). Based on verbal understanding that amount will be split between both of us after sale, I trusted wife and signed on sale deed and we sold the property. After sale, she refused to part with my share.

Location B property also contributed jointly by me and wife and is in joint name. After me and wife making some down payment , I have taken loan on joint name with wife as co-applicant and I have been paying EMI from my account for few initial months. this property possession not yet taken. Later upon learning that wife is not willing to give my share in location A property sale, I stopped EMI for location B property and informed her this fact. As our relationship deteriorated further, she filed a false NC against me and my parents in Delhi (where we used to stay) and went to her parents place in Lucknow.

Secondly, I came to know in due course of time that she had s*xual relationship and flirting with multple men through her email / chat / whatsapp chat conversations. I started collecting evidences by way of screen shots and audio / video clips that i found in her mails which can reasonably prove beyond doubt that she is comitting adultery.

Based on my consultations with lawyer, I have filed FIR against my wife for siphoning my money and comiting adultery for which she has taken Interim bail and case is in hearing in court. She has already filed Divorce petition, DV and 498A cases on me, parents and relatives (she has filed these cases after i filed FIR) and has claiming interim maintenance and alimony alleging that marriage is not consumated. Case is in mediation in court, but no solution seems to be coming out. currently she says she is not working.

Will I be able to prove adultery and cheating done by my wife? How can i recover my due share of money in property. Will I still be required to pay maintenance or alimony inspite of all misdeeds done by her. Need your suggestion on what shall be my approach?

Thanks for reading this. awaiting your suggestions -

A Harassed husband.

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Tajobsindia (Senior Partner ) 01 May 2014

Originally posted by : Geo
	XXX Will I be able to prove adultery and cheating done by my wife? How can i recover my due share of money in property. Will I still be required to pay maintenance or alimony inspite of all misdeeds done by her. Need your suggestion on what shall be my approach?

1. If alleged proofs are of silver quality proving her vulnerable position and thus inclination to commit adultery then you will succeed in your complaint case that you say you have filed.

2. You will get your share (monetary) from property A sale proceeds. Follow up the suit property case properly that you say you have filed.

3. Based on several persuasive verdicts of various State’s HC Orders under similar facts you may not be required to meet interim maintenance and most naturally permanent alimony to wife as concerned Court may pronounce her to be adulterous wife eventually provided material proofs are of silver quality.

4. You have already received ample good advice from your appointed legal representative(s). Follow their advice.

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