i want divorce
3 years ago
I am from mumbai i got married on 2012. my wife belongs to MP. she has having affair from 2008-2012 with her neighbour and he his also her relative. I had come to know this affair on 2015. I have asked her for this cheating she accepted all the things and she told me that she will not go her home and will not meet that boy.. now we have 3 years old child and she now going to her home and moreover their all family members has involved in this affairs.. now i am tired with this relationship and want divorce from her. below are my doubts and questions
1. can i get divorced?
2. should i have to pay allomoney?
3. as she has accepted all the things and i had taken video recording does this sufficient evidence for divorce?
4. can file case against their family as they all involved for cheating me because they all know about their daughter
DIYAVARHUSSAIN SHAIK
Responded 3 years ago
1] You need to pay Alimony or maintenance till your wife get married to other
2] yes you can divorce the grounds are so strong
3] yes all that evidences you can submit before the court in contested divorce petition
4] Not stand legally
DIYAVARHUSSAIN SHAIK
Responded 3 years ago
As per your details the extramarital life of your wife is attracting the provisions of Divorce under Hindu Marriage Act, so you better talk to your wife once if she agrees for mutual divorce petition, proceed as per that else file contesting divorce petition in the court.
Ayantika Mondal @ Prime Legal
Responded 3 years ago
It is advisable that you sort the matter with your wife amicably before proceeding for divorce, you can opt for mediation also in this regard. Please consult a family lawyer
If U like my advice request you to give comments and 5 stars...
yes u can get divorce only court will decide maintenance or alimony depending upon ur earning capacity and Form 16 or Income Tax returns and ask employee to reduce salary and difference to give in cash to u and transfer all property in mummy name and prove as her streedhan
Suneel Moudgil
Responded 3 years ago
2. if you are able to prove the adultery, you may be exempted from the payment of maintenance,
3. video evidence is acceptable if relevant, however, she can deny the video in the court stating that the same was recorded under threat/influence,
4. filing case of cheating will be futile and time/money consuming, AVOID,
if you want to terminate the matrimonial knot, then, try to settle the matter amicably with your wife involving elders/relatives/friends etc and go for Mutual Consent Divorce which will be decided in 6-18 months, and you both will be free to live life with your wish,
don't forget to draft an MOU before approaching Mutual Divorce, which is the most essential and important part of a Divorce case to avoid/reduce future legal complications,
some basic points to keep in mind and put in writing through an MOU before filing the petition for mutual consent divorce are custody of kids, distribution of assets (movable/immovable), quash/withdraw of pending litigation if any, Maintenance (present/future), Alimony, mode and time of making the payment, streedhan, future litigation, etc.
if failed, you have two options,
one option is to,
file contested divorce on the grounds of mental cruelty, adultery but it will take around 3-5 years,
once you file contested divorce she may file/claim
498a complaint
Domestic Violence case
maintenance,
so be ready for them too,
and,
the second option is to file Restitution of conjugal rights petition in the Court, to show your bonafide intentions to save the matrimonial tie, however, you can withdraw the same any time,
RCR will work as a safeguard to 498a, maintenance, DV etc
Since divorce law is very harsh for men in India .on the ground of adultery you can get divorce even without alimony .
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