• Wife sent notice with misunderstanding of husband having affair & mentioned in notice about live-in

I have been staying separately from wife past 9 months because she is not wiling to give divorce mutually.
Now when she came to know about me & where i stay instead of coming to me & asking for explanation she sent notice mentioning im having affair & staying in LIVIN with some other girl.
When husband parents tried to call her convince her to come back to inlaws house wife refused to come & patchup.
When husband tried to settle out-of court by offering money she refused money also.
Husband responded to her notice with explanation but husband is clueless on how to find work around.
What is the best way to this situation considering looks like She just wants to TEACH lesson & not thinking of long term she is 35 no kids.
How to resolve this case what work around are available.
Wife only has pic of gal whom she suspects but there is no evidence of Adultery 
Husband is not able to contact any one from Wife family as no one wants to give Husband second chance & since Notice is served Husband lower suggested not to approach WIFE personally or sent SMS or Whtsup message as She can put domestic violence or Harassment case is that true.
After notice & since matter is still not in court cant husband approach WIFE or any from her family to resolve issues maturely.
Asked 4 years ago in Family Law
Religion: Hindu

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16 Answers

Dear Client,

There`s no bar to try patch up, Calling her and sending her patch up massages - no case of domestic violence, on the contrary if you will ignore her than certainly she will file false case of dowry demand and left her for not meeting your demands.

Mere pics of girl, adultery cant be proved.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Firslty, as you have stated that you want to settle it out side the court which is somewhere I think a right thought that you have got.

Secondly, but, before that, you may have to get one thing clear as she has made her mind that is why sent you that notice, so the option which you are thinking to use may not work.

Thirdly, I advice you to file divorce petition on the ground of mental cruelity as she says you have extra marital affair which is not true at all.

Fourthly, if she files divorce before you file it then thereafter things will be changed if she files any criminal complaint against you or family members.

Fifthly, so, you please think and then decide, if you wish, you can avail my services through Kaanoon.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

you can file for divorce against your wife on the ground of cruelty. Staying away from the matrimonial house for as long as 3 months amounts to cruelty upon the husband. You can thus file for divorce against her. Alternatively you can also file a case for resumption of conjugal duties against her and the court would order her to return to her matrimonial home.

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

File for divorce on grounds of mental cruelty

2) wife accusing husband of having extra marital affair amounts to mental cruelty and is ground for divorce

3) case would be referred for counselling

4) if settlement is arrived at husband can withdraw divorce petition

5) in alternative convert petition into divorce by mutual consent

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

You guys are free to approach each other and resolve the differences that have cropped up in your marriage. Just because you have been served with a notice, does not means that you cannot reach out to her to resolve the differences.

Take help of a matrimonial lawyer to reach out to your wife for a discussion. In case she knows interest towards the betterment of her ties with you, it is advisable that you contest a case of divorce against her.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

1. It has been made clear by the wife and her family members that she/they do not want any reconciliation in the matter.

2. So, contacting the wife by the husband directly might not be of any use at this stage. However, he can submit his proposal to her through a common friend.

3. He can also file a divorce suit against her on the ground of cruelty since lodging /leveling a false complaint/allegation of running a live in relationship with a third party can be considered as an act of cruelty on the part of the wife.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

You should give a befitting reply to the legal notice received denying all the false allegations made by your wife.

Also, you have an option of filing a petition for restitution of conjugal rights under section 9 of the Hindu Marriage Act in order to get a degree for restitution if you want to continue your marriage.

Your wife can definitely file domestic violence and dowry harassment cases against you, but the onus of proof would be on her to prove her allegations made in court beyond reasonable doubt failing which you would not be punished.

Siddharth Jain
Advocate, New Delhi
5925 Answers
101 Consultations

5.0 on 5.0

Yes see the best way can be file a restitution petition in the court and call for the mediation in the mediation you can talk to her before the mediator and the issues can be given a rest you can ask her what she desires. Further a photo is no proof of adultery and you are leaving separately from last 9 months even she file case that can be quashed as same can be seen out of hatred and anger and she has no evidence of any of the act. it is better to mediate and proceed through the court to settle the issue.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Reply to legal notice

2) deny allegations made in legal notice

3) involve elders in family to help in arriving at reconciliation

4) in alternative visit family counsellor with wife to resolve differences

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

Sir if the girl is unmarried no adultery charges can be filed further there is no evidence as such to prove the adultery even for the divorce case.

No cheating case is maintainable on these grounds even the police wont file a FIR.

it is better for the friend to maintain a distance for some time and maintain a formal relation further such allegations has no standing in the eyes of the law.

Yes if she get married and engaged that would be positive point.

The case in adultery wont even go in court as firstly the police will not accept girl is unmarried even you have a relationship no criminal case can be filed/.

1.See wife can file a case of cruelty and domestic violence on the false grounds though same can be contested and quashed as no such thing is there but same can cause hardship, so better to set out mutually.

it is better to appoint independent person as mediator family person view can be biased and that can cause further trouble.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Yes you or your family members can reach the wife or his family members to resolve the dispute mutually amongst yourself.

Send letter, email to them and see if they reply or not.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

You see as to who in the family is respected the most.

To whom your wife will listen if a session of mediation takes place.

If she will allege some affair then she will have to prove it.

If some case is filed then you may show the prove that you tried to mediate the issues but she is not ready to mediate and just wants to file cases to harass you.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Dear Querist

if one year of the marriage has been completed then it will be better to file divorce case based on cruelty under section 13(1)(ia) of Hindu Marriage Act-1955 before the family court of area where she is residing or where both the parties was reside together.

the life will be spoil in matrimonial battles and after her appearance before the court, try to settled the matter amicably and go for mutual consent divorce.

Nadeem Qureshi
Advocate, New Delhi
6220 Answers
302 Consultations

4.9 on 5.0

If the husband is not willing to rejoin her and live the married life together with her anymore, then he can decide against it.

He can give a reply notice to her denying all the allegations of adultery and other domestic issues.

He can state that he is always ready and willing to live with her.

He can state that it is she who has severed the ties and voluntarily abandoned the matrimonial home without any valid reasons.

He can even mention that if she is not interested to rejoin or continue the married life then she may agree for mutual consent divorce.

He can even mention that he will face her in the court if she is not cooperating.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

In such case what Husband's friend whome his wife allegages having affiar should do ?

Since she does not want her name to be spoiled & dragged what is the best way for her to be safe?

A wife cannot file an adultery complaint against her husband , there is no provision in law for that.

Even if it is admitted that her husband is having extra marital affairs with another woman, there is no provision in law for punishing the husband for this until he marries her during the subsistence of his marriage, which can be termed as bigamy and punishable under section 494 IPC.

She cannot drag even the concubine into court on this issue, hence wife cannot take any action on husband's cheating (extra marital affairs).

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

1.Taking dinner together or moving together does not confirm running an affair by you and the said lady which is being alleged by your wife.

2. You or the said lady won't have to do any thing to prove that you do not run an affair. It is your wife who shall have to irrefutably prove that you run affair.

3. If she can not prove that what she has alleged is true, then her said allegation will be considered as an act of cruelty on her part on you which is enough ground for you to seek decree of divorce.

4. The other lady also can file a defamation suit against your wife claiming damages and also can lodge police complaint against her for lodging/filing false complaint/case for causing damage to her.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

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