File fir divorce on grounds of mental cruelty on dismissal of your divorce petition
2) file declaratory suit that you are absolute owner of flat as full consideration has been paid by you
3) case of cheating is made out against your wife
Divorce
My wife have an extra marital affairs with the vice-principal of her school (she is working in a missionaries school) since last 3 years. I have a daughter of 16 years of age. Everything I had the knowledge related to the extra marital affairs of my wife through electronic documents like sms, whatsapp from the very beginning but thinking of my daughter's future I could not take any step rather I didn't discuss about this affairs that I know everythings. I have copied the most of the SMS/Watsapp conversation in my pen drive. Unfortunately my daughter also knew my wife's affairs through electronic conversation which was not in my knowledge. One fine evening on 22nd May, 2017 my daughter had ran away with a boy who was the driver of her pool car and got married socially not registry (since she was under age). We tried to rescue her several times but my daughter refused to com. Ultimately we lodged FIR and picked her up but she again ran away. Then I came to know in details from my daughter about my wife's affairs. Then I decided to leave my wife and she left from my house on 30th May 2017. I talked to her regarding the mutual divorce but she claimed a flat otherwise she wouldn’t sign the divorce petition. Accordingly I have purchased a flat in her name and she signed on divorce petition in September 2017. Unfortunately on the date of final divorce she didn’t appear before the Ld. Court as she is claiming the daughter’s maintenance but in the divorce petition it was clearly mentioned that my daughter will be staying with me for 6 months and the rest with my wife and no other claim will be entertained. She is not interested to give me divorce. She took the flat from me doing fraud. Now, my question is : 1) How can I get the divorce. 2) May I get back the flat? 3) 13B is not cancelled because it has been extended upto December, 2018. 4) Is it a 420 case.? 5) In this situation can I file a divorce case against my wife. 6) Please suggest.
Asked 7 years ago in Family Law
Religion: Hindu
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
11 Answers
1. If the mutual divroce is rejected by the court file appeal in same before high court in such case which came before Rajasthan high court the wife in greed of money did not take divorce the high court granted the divorce. As you have already paid her given alimony. If in case that doesn't succeed contested divorce has to be filed.
2. You have to file a civil suit for declaration of your ownership over it .
3. In situation it is cancelled file appeal till then persue her to attend and give consent
4. Necessarily though materimonial affair it won't contitute 420 as she can revert from statement further file a adultery case on her principle.
5. Yes you can file a contested divorce by withdrawing mutual consent.
https://m.timesofindia.com/city/jaipur/After-filing-mutual-divorce-petition-wife-can-not-withdraw-and-ask-for-more-money-HC/articleshow/13877189.cms refer the news article I will find the citation of same
Hi,
The present action on the part is wife is cruelty and the court may view it accordingly. You may have to wait till December 2018 and then file the case under provisions of crulty.
1. You cannot coerce her mutual divorce. You should have brought her a flat only after her participation in the second motion. You can only request her to give her consent for mutual divorce, failing which you have to file a case of contested divorce against her.
2. Very difficult.
3. Alright. Convince her to participate in the second motion.
4. Depends on her conduct and intent.
5. You are free to file a case of contested divorce her on the ground of adultery and mental cruelty.
you can file a case of divorce on the ground of cruelty, as, as per ur version ur wife having extra marital affairs. U can take divorce on the ground of Adultery but u must have concrete proof in this regard and if the proof is reliable than u can take divorce from the concerned courts and also the maintenance petitions of ur wife will not survive.
1. If she is not ready to abide by the condition of the mutual consent divorce then she will be liable for the contempt of the court, if she has partly taken benefit of the conditions.
2. Also if she does not appear in December then you may request the court for withdrawal of the same and then you may file a divorce on the ground of cruelity.
3. You may thereafter claim the flat from wife and may file a case against her.
Regards
Dear Client,
First get the declaration from court of ownership of house as consideration paid by you.
For divorce, file contempt in court that she agreed for mutual diovrce on the condition of buying house and as she got the house, she refused diovrce and demanding more - blackmail.
Offense u/s 420 IPC - dishonest inducement.
1. You can apply for divorce on the ground of adultery which is nothing but an instance of mental cruelty.
2. the proof you have is enough to get divorce on the ground o adultery.
3. since you have purchased the flat in her name then she alone will be treated ad its owner. However if you alone contributed money to its purchase then you can file a suit under Benami Transaction Act.
4. It is no 420 IPC case.
5. You can file adultery under section 497 IPC against the person with whom your wife wax involved.
1. You can ignore the mutual consent divorce case and file a fresh divorce petition on the grounds of cruelty and adultery
2. It will be very difficult however there is nothing wrong to try to retrieve the same based on the fundings for the purchase of the flat from your own sources and documentary evidences supporting your claim, the sucess rate is very less.
3. You can withdraw the same if she is not cooperating
4. It cannot come under that section
5. See the first answer
You challenge her claim. But she has to make such maintenance claim in writing before court. And then you can refuse to pay the maintenance.
You cannot claim the flat back if it is on her own name. But if it is on your name then you can challenge. But there is possibility that your wife may ask the flat as alimony and court may grant it.
You can file divorce petition in family court to ask for divorce.
1. You have to file a petition for dissolution of marriage on the ground fo adultery, to prove which you require evidence.
2. No court can decree a petition for mutual consent divorce unless both spouses appear before it and record their respective statements to reaffirm their consent to dissolve the marriage.
3. If the mutual consent divorce petition gets dismissed then you have to file a petition for contested divorce on the ground of adultery and cruelty. Because she did not appear in the court for mutual consent divorce it is an additional instance of cruelty.
4. It is not a case for criminal prosecution under 420 IPC.
