• Want mutual hassle free divorce but wife is not interested

Dear All, Mine is a love marriage dating some 8 yrs back, recently I was shocked to uncover that my wife has been having affair outside our marriage by means of social networking sites. she initially admitted her mistake and asked for forgiveness, stating it only happen once and was a mistake. I forgave her gave keeping in mind our family reputation and our kid. however 4-5 months after this I caught her again she indulged (sexual explicit) in such activities which and further I came to know she had this all along since our marriage.   I tried to take help from her parents however they are completely against me and accused me instead I went to the extent of hacking my wife a/c on internet and after going through the contents want to end this marriage asap. however my wife has told me straight fwd that she won't divorce me she lives along with her parents whereas I'm taking care of our son at home. pls advice
Asked 1 year ago in Family Law from Allahabad, Uttar Pradesh
Religion: Hindu
1) if your wife is not willing to divorce you by mutual consent you have to file contested divorce petition on grounds of mental cruelty / adultery 

2) please note that contested divorce petition take over 5 years to be disposed of 

3) mutual consent divorce petition take around 6 months 

4) you cannot hack into wife internet account . it is breach of her privacy 

5) it is difficult to prove adultery . 

6) the contents of chat conversations exchanged by your wife with other men have to be gone into . 

7) mere chat conversations would not be enough to prove adultery . 
Ajay Sethi
Advocate, Mumbai
23380 Answers
1227 Consultations
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1) if you file for divorce your wife may seek child custody . 

2) further your wife would be entitled to seek maintenance if she is not working . 

3) court may award your 1/3rd income as maintenance . 

4) on your filing divorce petition your wife as counter attack may file domestic violence / 498A case against you 
Ajay Sethi
Advocate, Mumbai
23380 Answers
1227 Consultations
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1. Every advocate is supposed to keep your case confidential.
2. However if you have priority of lady advocate then you may search from this site.
3. unless your wife is willing you can force her to go for mutual divorce.
4.In mutual divorce the alimony is decided by mutual consent only. Court can not pas any order on its own.
4. However in contested divorce suit the court can pass order of alimony @ 1/3 to 1/5th of your income.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
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1. You cannot get mutual divorce, much less as ''hassle free mutual divorce'' which you want, if your wife is not ready to end the marriage through divorce. This leaves you with only one legal recourse available i.e to unilaterally file for divorce. How to persuade her for mutual divorce is something you alone have to figure out. 

2. You may file for divorce on the ground of adultery. The chat messages, emails, etc can be used in the court to prove your wife's infidelity. 

3. Lawyers whether lady or male always keep the matter confidential to the extent possible and permissible. However, you must know that nothing remains ''confidential'' after the case reaches the court. 

Ashish Davessar
Advocate, Jaipur
18246 Answers
450 Consultations
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Dear Querist
immediately file a complaint before district legal service authority's Mediation cell and pray for the amicably settlement with her, they issue a notice to her and try to resolve the issues amicably and if she convinced then you may file a mutual consent divorce u/s 13B of HMA

otherwise, you should file a contested divorce u/s 13(1)(ia) of HMA and pray for counseling before family court's counselor, and settled the matter amicably.
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
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If your wife is not willing to give you divorce, it is advisable that you file for divorce on the ground of cruelty and adultery. All the particulars needs to be mentioned in the petition for divorce. Along with the divorce petition, if you intend to keep the child with you then file a custody petition as well. 

All the lawyers are bound by the client relationship and the confidentiality is the utmost priority. However please understand no case remains private once it has been filed in the court.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
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1. Divorces are sought on acceptable ground,

2. One such ground is cruelty,

3. Being connected with some one through internet indulging in to intimate chatting may not be treated  as cruelty,

4. You shall have to have evidence of her having physical relationship with another person out of her matrimonial relationship for filing an application for the decree of divorce,

5. Virtual S*X may not be considered as an offence,

6. If you submit evidence which you have collected after hacking her site, then you will be charged for hacking punishable with jail term,

7. However, file a divorce case on the ground of cruelty submitting the evidence you have collected from public domain and your computer,

8. After some time your wife may get tired in attending court and agree to give MCD.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
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1. Since she is not willing for mutual consent divorce, file a divorce suit on the ground of cruelty as advised in my earlier post,

2. The case will run for years and she has to submit her reply contesting all the evidence submitted by you and tro avoid exposure of all her misdeeds, she may opt for MCD.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0

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