Marital Dispute
4 years ago
I am 52 years old married for 24 years having one daughter aged 23 years and one son 17 years old. My wife is having extra marital relations for more than 4 years. It has come to my notice around 2 years back. I have tried my best to convince her to leave this relationship. She is bent upon continuing the relationship. Now, she and her parents started threatening me to implicate me in any women related crime.
Kindly guide me how to protect myself in case of any police complaint/ FIR against me for false allegations in any women related crime.
Shreyash Mohta
Responded 4 years ago
A.Sir,
There are invariably two options and you can chose either.
1. Keep the marriage intact and involve the parents and even children into the matter, bring into light the adulterous relationship she is in and make her feel guilty in front of the family and children so that she realizes her mistake and comes back to the same path and you both keep living happily. Make arrangements so that she does not meet the guy and do all possible things to stop such relationship. Also, keep proofs of everything by sending letters to her family requesting them to explain their daughter to leave such relationship as it is affecting your marital life and will be a bad influence of the children as well.
2. The second option is to file either a mutual consent divorce or a contested divorce and leave the marital ties. A MCD will take about 6-18 months whereas a contested divorce might take years. If you opt for the contested divorce you must be well prepared for the following complimentary cases which a woman lodges against a man irrespective of them being at fault of not.
a. Suit for maintenance
b. 498A [demand for dowry]
c. Case u/s 12 of The PWDV Act [Domestic Violence]
Check the options carefully and then decide as any decision will affect your marital life but will also affect the children who are at a growing age and it might affect them mentally and emotionally. Also, looking at their age they must be mature enough to handle such situations and they can be the key factor in explaining your wife.
Thanks
There are invariably two options and you can chose either.
1. Keep the marriage intact and involve the parents and even children into the matter, bring into light the adulterous relationship she is in and make her feel guilty in front of the family and children so that she realizes her mistake and comes back to the same path and you both keep living happily. Make arrangements so that she does not meet the guy and do all possible things to stop such relationship. Also, keep proofs of everything by sending letters to her family requesting them to explain their daughter to leave such relationship as it is affecting your marital life and will be a bad influence of the children as well.
2. The second option is to file either a mutual consent divorce or a contested divorce and leave the marital ties. A MCD will take about 6-18 months whereas a contested divorce might take years. If you opt for the contested divorce you must be well prepared for the following complimentary cases which a woman lodges against a man irrespective of them being at fault of not.
a. Suit for maintenance
b. 498A [demand for dowry]
c. Case u/s 12 of The PWDV Act [Domestic Violence]
Check the options carefully and then decide as any decision will affect your marital life but will also affect the children who are at a growing age and it might affect them mentally and emotionally. Also, looking at their age they must be mature enough to handle such situations and they can be the key factor in explaining your wife.
Thanks
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A.Dear Sir,
You may immediately file a divorce case on the ground of adultery under Section 13(1) (i) of Hindu Marriage Act.
Section 13 in The Hindu Marriage Act, 1955
13 Divorce. —
(1) Any marriage solemnised, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party—
16 [(i) has, after the solemnisation of the marriage, had voluntary sexual intercourse with any person other than his or her spouse; or]
Thanks.
You may immediately file a divorce case on the ground of adultery under Section 13(1) (i) of Hindu Marriage Act.
Section 13 in The Hindu Marriage Act, 1955
13 Divorce. —
(1) Any marriage solemnised, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party—
16 [(i) has, after the solemnisation of the marriage, had voluntary sexual intercourse with any person other than his or her spouse; or]
Thanks.
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Suneel Moudgil
Responded 4 years ago
A.if you want to keep intact the matrimonial knot, then,
try to settle the matter amicably with your wife involving elders/relatives/friends etc and make her realize her mistake of an extramarital affair, and start living happily again, 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,
if she refuses, you can involve your children as they are grown enough to understand everything.
the other option is to file a contested divorce on the grounds of mental cruelty, adultery but it will take around 3-5 years,
also once you file contested divorce she will surely file/claim 498a complaint, Domestic Violence case, maintenance,
so be ready for them too.
try to settle the matter amicably with your wife involving elders/relatives/friends etc and make her realize her mistake of an extramarital affair, and start living happily again, 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,
if she refuses, you can involve your children as they are grown enough to understand everything.
the other option is to file a contested divorce on the grounds of mental cruelty, adultery but it will take around 3-5 years,
also once you file contested divorce she will surely file/claim 498a complaint, Domestic Violence case, maintenance,
so be ready for them too.
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Sayaree Ganguly
Responded 4 years ago
A.Dear Client,
You cannot lodge any complaint against her as adultery isn't a crime but it is still a ground for divorce. You can try to settle this amicably or you can go for a mutual consent divorce if both of you agree to it. If she still doesnt agree to it then you can file a divorce suit against her on the grounds of cruelty and adultery.
Thanks.
You cannot lodge any complaint against her as adultery isn't a crime but it is still a ground for divorce. You can try to settle this amicably or you can go for a mutual consent divorce if both of you agree to it. If she still doesnt agree to it then you can file a divorce suit against her on the grounds of cruelty and adultery.
Thanks.
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Rameshwar Dadhe
Responded 4 years ago
A.In this situation u can't do anything . Because adultery become now nothing any offence . U can just take divorce.
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