Divorce planning due to extramarital affair

5 years ago

Hello,

We have been married for over 5 years, and have applied for Australian PR visa, and shall be granted in the next 6 months. I just found out that she has been having an extramarital affair for the last 2 years. I have proof in the form of call recordings, text messages and sound recordings of when they were together. I plan to file for divorce in the next 2-3 months and migrate to Australia without her. Is this possible? And I do not want to take her with me. How many times will I need to come back to India for divorce court hearings? Looking forward to any help. We are both Hindus.

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Vidhikarya

A.This type of complicated issue if you file divorce you have to face cases that your wife may initiate against you. Further more if this happens your trip will be at stake, think twice and try some amicable remedy to overcome the situation, you can tell her for mutual divorce u/s HMA 13(b)

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Vidhikarya

A.I would suggest you please talk to your wife as well as in-laws if possible. Also, you can send her a legal notice for giving divorce, and if she agreed to go for divorce through mutual consent. Else, file divorce from your side. Maybe after knowing that you have enough proofs she would support and give divorce through mutual consent.

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Vidhikarya

A.You file 13(b) divorce petition it should be finished within amonth

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Vidhikarya

A.File complaint and seek family counselling for proper understanding

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Vidhikarya

A.Dear Client
Talk to your wife and confirm how far your allegation is true. If you apply for divorce it take more than 2 years and if mutual divorce also moved it takes minimum one year or more due to present situation. So filing a case and leaving the country is difficult issue. Still you need legal advise then contact the same platform which is serving a the people with good intention

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Vidhikarya

A.Dear Client,
As per the details, if you have to initiate contesting divorce petition against your wife under the ground of extra marital affairs, it takes minimum 3-4 years. so better talk to your wife for mutual annulment of the marriage, if she agree for the same you both can file a Mutual Divorce petition in the family court. but this too will take minimum 1 year. incase you need to fly abroad, appoint one power of attorney on your behalf to attend the court, if the court allow the power of attorney then you can fly abroad.
if you need any legal suggestions please do contact me

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Vidhikarya

A.Yes, migrating to Australia is absolutely possible after filing a divorce petition. You can conduct the proceeding via video conferencing as well. Alternatively you can also nominate a blood relative as your Power of Attorney holder who can represent your case on your behalf!

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Vidhikarya

A.Dear client , if you are confirmed that you want divorce, then you can file divorce petition in India through your power of attorney holder. After that you need not to come for each and every court hearing.

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Vidhikarya

A.Dear Client,
Thanks for your enquiry, We can file divorce case against her but its time consuming factor. Better you can have mediation with elders of family and get convince her for the Mutual consent.
If any clarification pls contact us through Vidhikarya website.

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Vidhikarya

A.Respected Sir,
As soon as possible we can start the proceedings but before that i want to ask is whether she will be ready for divorce or not not
upon that consumption of time is depend if she is ready for Mutual Consent Your appearance is not needed in India (there are many way outs)
But yes i can assure you about your future settlement and residence for Australia
For more contact
Adv Poonam Sapate

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Vidhikarya

A.Court can grant immediate Divorce on mutual consent if it waives the mandatory period of 6 months. We can try to get both the motions moved and heard together. Video Conference can avoid your visits to India. Let discuss in detail if you so desire, to take this forward. Thanks

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Vidhikarya

A.You have to take assistance of professional family matter lawyer from the panel of your location to draft petition & persue the matter even in your absence to the logic end result.

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Kishan Dutt Kalaskar

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A.Dear Sir
Now the law is enlarged its scope. You can be examined through video also. Nothing to bother. Adultery a good ground for getting divorce. If you wish I will help you in drafting.

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Anonymous

Replied 5 years ago

Dear Mr. Kishan,

I appreciate your quick response but could you please elaborate a little more.

Also, I would like to know whether proofs collected from her phone, without her consent, by means of a spy application, is legal? And if I need to get her written consent for monitoring her phone, how is it required legally?

Vidhikarya

A.Dear Client,
Yes, you can go without her.
Actually it depends how quickly you would like to finish the case.
There is no set standard rules with regard to number of times.
But it can be solved otherwise.
Shanti Ranjan Behera
Advocate

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Anonymous

Replied 5 years ago

Dear Mr. Shanti,

I appreciate your quick response but could you please elaborate a little more.

Also, I would like to know whether proofs collected from her phone, without her consent, by means of a spy application, is legal? And if I need to get her written consent for monitoring her phone, how is it required legally?

Shanti Ranjan Behera

Replied 5 years ago

Dear Client,
Contact a local Family Lawyer of your area failing which you get one through vidhikarya.com
One case is in progress you have to give evidence and exhibits.Wit till that period.
Shanti Ranjan Behera
Advocate

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