• Wife living with other person and has children with out divorce

We married 7 years before, my wife left within 10 days living together. She didn't give any reason for leaving. Her parents demanded me huge money, I have declined their demand as marriage expenses where shared.
After two years living separately, she left to USA, before leaving USA she filed false divorce case. I have Contested the case as it is false case, she didn't appear before court not even single time, her lawyer Appeared few times. Later case was dismissed as petitioner/she didn't appear.

Now she is living in USA with other person and has children with him. I don't have proof as I in India.

Please advise what action can I take
Asked 7 years ago in Family Law
Religion: Hindu

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4 Answers

1) file for divorce on grounds of mental cruelty, desertion , adultery

2) wife refusing to stay with husband amounts to mental cruelty

3) gather evidence of her extra marital affair

4) make her lover co respondent in divorce case

5) if wife does not contest you would get an exparte decree

Ajay Sethi
Advocate, Mumbai
95217 Answers
7611 Consultations

5.0 on 5.0

Dear Concerned,

You should file a Divorce at the place you are staying and should try to get an ex - parte divorce decree as this woman will not appear for sure. In such a case when you get an ex parte decree you will be free from this marriage.

Best of luck

Atulay Nehra
Advocate, Noida
1309 Answers
58 Consultations

5.0 on 5.0

Dear Querist

you may file a divorce case based on cruelty and adultery but you have to try to collect the evidence of her child and the biological father of that child.

if without divorce she was live with someone and had a baby with the wedlock of that person, it means she commit adultery and you may file a criminal complaint against that person too U/s 497 of IPC.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

It is better that you file a petition to dissolve the marriage by a decree of divorce on the grounds of her adulterous life as well as desertion.

She may not receive the summons, so by an order of court, you may publish the summons for which if there is no response, the court may call her absent and set her exparte, after which you can get an exparte divorce

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

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