• I want to divorce my wife she had a affair before marriage and continuing after marriage

Hi I want to divorce my wife because she is having affairs before marriage and continuing after marriage more over I got married 3months  before only and I am having the proof of her call data from past one year in that it shows clearly she is continuously calling her boy friend with out knowledge of me  . More over I dnt have my parents both are passed away  so she is doing this . So Iam seeking divorce from her
Asked 2 years ago in Family Law from Anantapur, Andhra Pradesh
Religion: Muslim

it will not be that easy, but yes if you have strict proof of her whatsapp details , smses which prove that she is cheating upon you, then only file a divorce case or else amicably settle out things and part ways.

Aveek Bose
Advocate, Kolkata
986 Answers
5 Consultations

4.7 on 5.0

1) gather evidence of her adultery

2) merely wife calling her boy friend does not prove adultery

3) you can divorce your wife as per Muslim personal law

Ajay Sethi
Advocate, Mumbai
68775 Answers
4139 Consultations

5.0 on 5.0

You require call recordings between wife and her paramour

Amit Pai
Advocate, Mumbai
53 Answers
3 Consultations

4.0 on 5.0

Hi,

brother you cannot question her before marriage life as you were not the part of her life then, but now that you are married with her and she is still indulged in calls and meetings with her boyfriend then go for a filing a divorce petition as she is indulged in adultery and which is not an offence for woman according to our law.

So making the affair a base, file a divorce petition and exit the marriage if you dont want to continue the marriage

Rahul Jatain
Advocate, Rohtak
951 Answers
3 Consultations

4.9 on 5.0

wife guilty of adultery is not entitled to alimony

2) contact a detective agency

3) if your wife has checked into hotel room with her boy friend it is sufficient to prove adultery

Ajay Sethi
Advocate, Mumbai
68775 Answers
4139 Consultations

5.0 on 5.0

Yes, u can file divorce case on the ground "Adultery" u/s.498, but make sure of the proof u having against her are true... That is.., u have to prove that it is her voice and / or it is recorded or taken from her own contact number which is registered in her name.

If it is proved then u need not to pay maintenance to her. In others words she cannot file maintenance case against u, if u got divorced from her on the ground ' adultery".

If else it not proved ( her external affair) then u have to face severe consequences as per law.

Chandhini
Advocate, Chennai
8 Answers
1 Consultation

4.0 on 5.0

it is valid very much valid but you also need to prove that the numbers on which she is calling is her boyfriends, there are ways to pull out more evidences, i can guide you more over discussion. What is her qualifications kindly have the records of the same in your hand too, so that if she is eligible to work then the alimony part may wipe out on discretion of the judge.

Aveek Bose
Advocate, Kolkata
986 Answers
5 Consultations

4.7 on 5.0

Yes this phone list is sufficient to an extent, also write specific phone numbers in your petition. This will hold good for filing the divorce.

Regards

Anilesh Tewari
Advocate, New Delhi
17241 Answers
266 Consultations

5.0 on 5.0

Also you may please tell me that to which sect of Islam you belong to?

Anilesh Tewari
Advocate, New Delhi
17241 Answers
266 Consultations

5.0 on 5.0

You can file divorce on the gound of cruelty and file proof whatever you have

U will get divorce easily

Harsh Kumar Sachdeva
Advocate, Delhi
24 Answers
1 Consultation

4.0 on 5.0

Hello friend, you can file a divorce petiton on the ground of cruelty and adultery .. If you have sufficient proof them also register a FIR against her lover for comitting adultery with your wife

Hemant Chaudhary
Advocate, Gurgaon
4305 Answers
31 Consultations

4.9 on 5.0

This is a ground for both divorce and annulment of marriage. You can choose between either.

Vibhanshu Srivastava
Advocate, New Delhi
8734 Answers
144 Consultations

5.0 on 5.0

You need not pay any alimony to her once her misdeeds are going to be proved in the court. For she has been cheating you, she's not entitled to any alimony or maintenance. You need not enter into any sort of monetary settlement with her.

Vibhanshu Srivastava
Advocate, New Delhi
8734 Answers
144 Consultations

5.0 on 5.0

Whether or not the call list you're having is effective or not can be told only after perusing the same. Even if the same is helpful to the extent that one can draw an inference of her extra-marital affair, the same will play it's role.

Vibhanshu Srivastava
Advocate, New Delhi
8734 Answers
144 Consultations

5.0 on 5.0

call list is not sufficient to prove adultery

2) the person she had called may have been a friend

3) if wife has checked into hotel room with her boy friend it is sufficient to prove adultery

Ajay Sethi
Advocate, Mumbai
68775 Answers
4139 Consultations

5.0 on 5.0

First if you need to file case of adultery against your wife. And as far as call records are concerned you put an application before court to getting call records during witness. Court will summons particular operator to submit call records before the court.

Rajesh Kumar
Advocate, Ludhiana
119 Answers

4.0 on 5.0

You have to gather the evidences of her adulterous life and the evidences are to be by substantial proofs.

Further you can file divorce case only after completion of one year from the date of marriage and not before that.

T Kalaiselvan
Advocate, Vellore
58597 Answers
742 Consultations

5.0 on 5.0

Now she is demanding 15 lakhs as alimony , now I want to file a divorce case against her to what extent my case will win and I having proof as call list and I am having call recording of her boy conversation with me and he contest that she is calling him and continuing relationship.she is having another affair also with other guy also .

The call recordings are not admissible evidence before court hence you cannot rely upon this.

If the boy is willing to give evidence before court that your wife is indulged in extramarital affairs with him then you can put this in the pleading and implead him as a respondent but this also only after completion of one year from the date of marriage.

T Kalaiselvan
Advocate, Vellore
58597 Answers
742 Consultations

5.0 on 5.0

Does the call list which Iam having is valid or strong enough proof to show that she is continuing her affair with him and she is having another affairs which shows in the call list .

The call list or the recordings are admissible evidences to prove your case, hence you may try to procure substantial evidence for her adulterous life and activities.

T Kalaiselvan
Advocate, Vellore
58597 Answers
742 Consultations

5.0 on 5.0

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