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rahul (Manager - Sales)     04 January 2011

Wife Cheating ! Luking for divorce !

 

Hi I am a service professional who works in Delhi...

I have a situation here, my wife has an affair with a guy who used to work with me in the past. I have proofs of her messages (Which she sent to the boy saying I love you and stuff), her call details and her voice recording (While confronting her) which proves that she has an affair with this boy... More over she herself accepted in the recording that she is going around with this boy.

She doesn't respect my parents and threatens that she would kill herself if I tell HER parents about it. Her younger sister already ran away with a Muslim boy and that is why she is scared that her parents would kill themselves if they get to hear about their elder daughter having affair outside.

I want to divorce her, please advise if the above proofs are sufficient for me to go against her ??? Also we earlier married in Arya Samaaj Mandir, CP (Delhi) and then never got our marriage registered. She is earning, and earning good...can she still claim for maintainance ???? 

Please help !



Learning

 7 Replies

rahul (Manager - Sales)     04 January 2011

Also I did not sleep with her since long and she is pregnant too, so I doubt this child who is not even born belongs to the guy she has an affair with !

Tajobsindia (Senior Partner )     04 January 2011

@ Author,


For your first post jest I will say wait and first collect her earning proof and simply file criminal case against your friend and making her as second party. Pray for freezing all mobile records of service provider which should be stressed on admission stage otherwise you can never prove mobile / sms records from service provider later. She will retaliate with Divorce + DV + S. 125 CrPC and since you filed Criminal Case against her first you can always bank on theory of counter blast in case she is more adventurous than you and files S. 498a IPC on you and your family.


On your send post jest don’t blame her and seek DNA testing till cases materializes and progresses otherwise such allegation of illegitimacy of child over an affair of wife is also one of the grounds of “cruelty” under HMA The Act + DV Act + S. 125 CrPC and one of the opening paras of S. 498a IPC and these are fodders for her side counsel to keep you engaged in Courts for years so beware if you did not sleep with her all 365 days a she is found to be pregnant.


Use brains not heart on overall presented issues in hand. 

Dinkar Vidyarthi (Advocate)     04 January 2011

Dear Rahul,

                       It is a really very painful situation, when you trust someone most and on the basis of that trust establish relation recognize by the society and suddenly found to be cheated like this manner.

You have a remedy for make yourself free from this type of panic and unfortunate relation from the court of law and go for file a petition u/s 9 of Hindu Marriage Act for judicial sepration. as you written in your open mail that she threatening you to take any wrong step if you told about all this to her parents, i think her parents can accept her wrong because  there is a blood relation and you have only a relation of faith and trust. which you already lost. As you also writes that you merried her through Arya Samaj tradition and not get registered your marriage under marriage registration Act but it all has no impact or provide you any clause to get free yourself without the course of court of law. As today even live-in relationship is recognize by the apex court.

As far as the things that you have a suspicion about a child carrying by your wife, there is a also provision to get it check through DNA test and which is always acceptable to the court of law.

So, think carefully and consider all the aspect before taking any step in the direction to take a course of court of law for separation and  Divorce. it is considerable thing by court if you and your wife are earning person in case of maintenance, if filed by your wife lateron. but if it will found that the child is yours than definetely you will be liable to pay any amount as maintenance as decided by the court later on towards your wife.

Regards

 

Dinkar Vidyarthi

Asstt. Manager(Legal)

Dinkar Vidyarthi (Advocate)     04 January 2011

Dear Rahul,

I am not agree with that aspect of tajobsindia because in legal situation if you will go for file a case against your friend for adultration u/s 497 of IPC. than it will be hard to you to take again any further action against your wife because in that situation you will be a person before court who seeks punishment for both and by doing that provide a atleast safeside to your wife.

Tajobsindia (Senior Partner )     04 January 2011

Originally posted by :Dinkar Vidyarthi

"

Dear Rahul,

It is a really very painful situation, when you trust someone most and on the basis of that trust establish relation recognize by the society and suddenly found to be cheated like this manner.

Regards

Dinkar Vidyarthi

Asstt. Manager(Legal)

"

 

@ Dinakar

Kindly move to 21st. Century and BTW gone are the days of word you are using - TRUST etal and for the same kindly read below weblink which is today's reality and it is other matter that in orthodox and contemporary India people like you still love using words such as - TRUST / DUTIES etal and look at where the golden WOMEN of today have moved on to...............


https://www.hindustantimes.com/News-Feed/relationships/Women-more-likely-to-cheat-than-men/Article1-645937.aspx


Rgds

 

Tajobsindia (Senior Partner )     04 January 2011

 

@ Dinakar


Also read below articles i.e. She is BOLD enough to kill husband, but not brave enough to tell her parents that she love someone.................
What a joke.... This is the real face of today’s modern Indian women and now kindly tally your advise given to author of this post ……...
n I am aware we may differ in our views but we can’t differ in societal changes can we Sir
J


Bold enough to kill Husband…

By Sunita  January 3, 2011

 

NEW DELHI: THERE WAS NO SUSPICION ON NATH’S DEATH AS HE WAS A HEART PATIENT UNTIL THE AUTOPSY REPORT SAID IT WAS MURDER.

A woman and he paramour were arrested in west
Delhi for allegedly murdering her husband on the Christmas night, police said today. The arrested have been identified as Shobha and Sunil Mallick. They allegedly strangled Shobha’s husband Shiv Nath, a businessman on December 25. “Shobha told the police she was in love with Mallick before her marriage.


“However, due to her parents’ pressure she agreed to get marry Nath. They were not on good terms with each other and she revived her relationship with Mallick.

“Due to social pressure, she did not want to seek a divorce.

At the same time, she did not want to continue to live with her husband. She, along with Mallick, made a plan to kill her husband. As per the plan, they killed her husband by using the pillow,“ a senior police official said.

Initially, there were no suspicion on the death of Nath as he was a heart patient.
However, police persuaded the family to go for the post mortem.

“On December 30, we received the report and autopsy surgeon opined that cause of death is asphyxia consequent to obstruction of airways by combined effect of manual strangulation of neck and smothering. All injuries are ante mortem and fresh in nature.

“The injuries are sufficient to cause to death in ordinary course of nature. Following this, a case of murder was registered,“ the official said.

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(Guest)

IF YOU WANT DIVORCE YOU HAVE TO PROVE CRUELTY ON YOU DONE BY HER KEEPING AFFAIR WITH ANOTHER MAN.


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