Contested divorce
2 years ago
I am married and have decided to divorce my husband as there are lot of differences. I decided to divorce him without any alimony as I want him to leave me peacefully however I am waiting for someone.
I met my college friend and fell in lovevand he was also going through abusive marriage and we decided to give life another chance and get married.
So we decided that he will take divorce first and then I will take my divorce before getting married as per law.
However his abusive wife is not agreeing to divorce him mutually even when he agreed to give me a lot in terms of alimony and child maintenance.
So he decided to go for contested divorce with the ground of cruelty.
My friend and I never had sex, we met in front of people two times only after so many years, so there is no evidence of sexual relationship between us because we never had sex and our love for eachother is purely emotional , we are in touch only through watsapp , we don't even meet each other and we know that we shouldn't cross the limit before marriage or before our divorce.
My questions are -
1. Can his wife , just to do counter allegation and prove that he is having an affair outside, can his wife drag me to court by sending summons at my home ?
2. If she contacts my husband unnecessarily to tell about me and my friend , just to create mess for me , what do you suggest? What should I do ?
Ayantika Mondal @ Prime Legal
Responded 2 years ago
Yes, your friend's wife can create an accusation of an extramarital affair to add to the divorce clause, and she can also contact you. Your spouse may even consider this an adulterous affair if she asks you to testify.
Thank you. Kindly rate the answer
Yes, the wife of your friend can make an allegation to add to the divorce clause that there was an extramarital affair and can reach you also. She can also ask you to testify and your husband may even consider this as an extramarital affair.
Vaidehi Samant
Responded 2 years ago
A.If you are not happy with your husband in your married life and do not want to adjust than just go ahead and talk with your husband and convince him to agree for mutual consent divorce irrespective of what happens with your friend, let him and his wife take there call. Please note that adultery is no more a punishable offence in the Indian legal system and only becomes a ground of divorce, however it is good that you and your friend have not indulged in any wrong act and are waiting to cut the existing ties with your spouse as in that case it would have affected your respective cases. However, it is advisable you make yourself financially self dependent because in your case even if your divorce happens by mutual consent it is very less likely that you might be able to get any alimony or maintenance. Hence become financially self-independent before filing divorce if possible. Thank you.
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