Originally posted by : Paul |
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Thanks sir . So Judicial separation can't be a life long process ....as I understand and also if her intention is to extract money from me stay separate with my kids and enjoy her life with her newly found boyfriend ..I think I have to move fast for divorce ...
I am still interrested for reconciliation as it is two kids and 10 years of marriage ...however my wife is not at all intersted and also her family members not showing signs of conreconciliation... She admits she is having strong relationship with a guy ..however we are very scared of litigation process....please suggest what to do to bring my life on track
Thanks
Rohit |
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Paul/Rohit
1. You should have evidence of her adultery. If she is willingly accepts it, fine. Or else you have to prove to the court that she is of adulterous nature based on which when proved you will be granted divorce.
2. As for your thoughts of reconciliation etc... Its entirely up to her to consider it or not, but even the court will arrange for mediation several times regarding this.
3. If your wife contests the divorce, then it will drag on for years together. Another thing would be the alimony part, where if it is not proved that she is in another relationship, in the interim you will have to pay alimony to her, until the disposal of the case. If she is a working woman, and if you provide details of her employment, income, salary etc to court, then the court wll not grant alimony to her.
4. Further you may expect false cases such as DV and/or 498a, for the latter you will have to secure a anticipatory bail whose value will last for a period of 1 month.
5. Custody: You will also have to face a custody case for the kids from the wife, if she wants the kids.
So be prepared for everything. Take one step at a time. First step as I said, would be to file divorce petition on basis of adultery.