• Fales allegations

Dear all,
With respect to my early msg! My counceling was held on 25 June 18 ! On mutually me and my wife agreed to spend time of 1 month! Till 30th all we’re good no huddle! Suddenly my wife told me he has a boyfriend and want to marry him! So give me divorc! And 10 lakh with 20k maintenance per month! Next day in evening she called police after provoking me to involve fight her( she started beating me with a bottle and stick)! On very next day she we reached to gwalior with my wife and parents on with in front of all my family and her family members she accepted all the story of her boyfriend! Now tomorrow is my counceling date please suggest what should I do?
Asked 4 years ago in Criminal Law
Religion: Hindu

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20 Answers

If you dont want divorce and she wants it get married to another person then tell this to counsellor. If she accepts all this in front of counsellor then divorce will be granted but you dont have to pay money or maintenance because divorce is happening due to mistake of her.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

if your wife want divorce then you should agree with her decision.

1) Under Section 13-B of the Hindu Marriage Act, 1955, the parties can seek divorce by mutual consent by filing a petition before the court. Mutual consent means that both the parties agree for peaceful separation.

2) Mutual Consent Divorce is a simple way of coming out of the marriage and dissolve it legally. Important requirement is the mutual consent of the husband & wife. There are two aspects on which Husband & Wife have to reach to consensus. One is the alimony or maintenance issues. As per Law there is no minimum or maximum limit of maintenance. It could be any figure or no figure.

3) The parties intending to dissolve marriage are required to wait for at least one year from the date of marriage.

They have to show that they have been living separately for a period of one year or more before the presentation of the petition for divorce and that during this period of separation they have not been able to live together as husband and wife.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

Agree for divorce by mutual consent

2) since your wife wants to marry her boy friend it is in your interest to agree for divorce by mutual consent

3) no need to pay monthly maintenance . After her remarriage her second husband has to take care of her financially

4) pay her lump sum alimony

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

Hi, you should confront her in front of IO about her relationship..It is advisable to file adultery charges against her boyfriend.. A women is not entitled for maintenance if she commits adultery and is a ground for divorce

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

In counselling say that you want to keep her with all due respect....

Santosh Kumar Singh
Advocate, Dhanbad
8 Answers

Not rated

Firstly, Sir, I advice you to think as to what you want to go for in future.

Secondly, if you want to subsist your marriage then go for the counseling.

Thirdly, if you want to divorce then I advice you to withdraw the present case (if it is of divorce as your query doesn’t make it clear), and file the fresh one on the ground of adultery where you won’t be paying any maintenance or lum sum alimony for sure to her.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Hi,

You are suggested to have recording of these things and produce the same before the authorities. You are also required to expose all thest things to authorities. As she is creating drama for having separation from you, she does not deserve anything maintenance or alimony.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

1. You have to decide what you want. Tell them what transpired when you were together for a month.

2. If FIR gets lodged then apply for anticipatory bail.

3. You may refuse to accede to her demand to pay alimony and maintenance. Let her file the case which you can contest.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

1. IF have the recording of your Wife's confessions, that produce it at the counseling centre.

2. Ask her Family & your Family membes, to file joint affidavit, regarding your Wife's confession.

3. IF she has a existing Boy-Friend relation, THEN she has committed adultery and she is not entitled to any alimoney or maintenance.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

As your query reveals that after last counseling your wife admitted below

1 she want to marry her boyfriend

2 she want to extort money from

3 for that she made a foul play

Now again it’s date of counseling.

In considered opinion I suggest you that you should assert aim with that you want to proceed with divorce.

Further it is suggested that you should amend grounds of divorce in accordance of above mentioned ingridents of adultury and cruelty.

Arihant Nahar
Advocate, Indore
130 Answers

4.8 on 5.0

You can state the same in counseling. You can state the same to the court once the report if filed in court from counsellor

Prashant Nayak
Advocate, Mumbai
27245 Answers
88 Consultations

4.4 on 5.0

You may refuse to give her any money and also dont agree for the conditions that may be imposed by the counselling session.

You ask the mediators to refer the cse to regular court and contest the case.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

It is difficult to prove adultery

Engage detective agency and gather evidence of her extra marital affair

You can seek court orders to obtain her call records

Only file private complaint if you have evidence of her adultery

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

1. Talking over phone cannot be considered as an offence, hence there may not be any ground for private complaint.

2. You have to file a petition before the trial court to direct the concerned authorities to produce the same before court, however please analyse whether it is worth enough to carry out this exercise because call recording and whats app messages even admitted canot be constitute for adultery offence.

3. What is your complaint agaisnt her, is it adultery? if so it is not maintainable, dont waste your time on it.

You may try some other ground for divorce.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

1. For a married woman to speak to a man is not adultery. Unless you have evidence to prove the commission of adultery your complaint will not stand.

2. You cannot get her call and watsapp details unless there is a court order.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

Hi,

You may first get the call records and it will be proved that she talked to her love relations. It will be sufficient proof of her cruelty too. You may also file complaint against her and keep her father at bay.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

RCR is useless as you cannot force wife to stay with you even if you get a decree

2) if wife files 498A case against you apply for and obtain AB from sessions court

3) contest case on merits

4) 498A cases take 10 years to be disposed of

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

The case under section 9 of HMA is of no use, that will not fetch you any desired result.

Instead , if you do not want to continue this married life with her, better file a divorce case against her.

She has done maximum harm against you misusing the law in her favor, hence there is no point in looking for an amicable solution on this.

She will continue her attitude to the extent possible as long as she will remain with you in your house, hence it is now for you to decide about the continuance of the marriage.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

Hi,

It is suggested that section 9 is safer way and you may file divorce petition just after that citing the reason that you have trouble by her and you are not condoing her cruelty. In some cases, the compromise is done a counselling stage itself.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

File a section 9 petition at this stage.

Go ahead for the counselling, do not skip the counselling.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

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