Hi,

You are suggested not to disclose fact of association with other girl but put onus on wife for troubling and seek ddivorce on this ground.

I think you need to relook your decision again and try to take your wife to a counselor as you are in ball with other girl this is the reason that you are looking for the divorce.

First of all in case you are firm on your decision then you have to be separate from your wife and provide adequate maintenance to her and the children for their education. Please be prepared for payment of alimony in case you are allowed for divorce which is really difficult in your case by contest but possible in MCD.

Firslty, as per the information mentioned in the present query, makes it clear that you want to go for the divorce for sure.

Secondly, I advice you to file the divorce petition on the ground of cruelity before she files on the ground of adultery as after the just recent judgment of Supreme Court.

Thirdly, also mention the threats of committing suicide in the divorce petition, so that in if future she does something like that then you may be saved somehow.

1) if constantly threatens to commit suicide file NC against her in local police station

2) record her threats

3) wife threatening to commit suicide amounts to mental cruelty and is ground for divorce

4) please note that contested divorce cases take 5 years to be disposed of

Wife can file DV case against you seek right to stay in matrimonial home or alternative accommodation, maintenance and seek compensation from you

Best option is to visit a marriage counsellor to resolve your differences

1) If you apply for divorce court may grant you divorce order, but you have to pay monthly alimony and maintenance to your children that will be very costly as of now a days.

2) There should be very strong reason for divorce against your wife.

This is my response to you:

1. First of all you need to resolve the dispute at home through marriage counsellor or mediator;

2. If she does attempt suicide and it is successful then you will be blamed and arrested;

3. So if possible you first complain to the police station that she attempted to commit suicide;

4. Then if she does not agree for mutual consent divorce then file for contested divorce;

5. Consult a local divorce and criminal lawyer and file the petition in the court;

6. Take legal steps before things spiral out of control

So you can go for Mutual Consent Divorce. We need to counsel your wife.

Further discussion kindly call me via consultation call.

If your wife is not agreeable you have long legal battle ahead

2) contested divorce proceedings take 5 years to be disposed of

Obtain in writing from your girl friend that you had consensual sex with no promise of marriage

You can stay separate and meet your kids daily if your wife is agreeable

Pay her x amount as monthly maintenance

I will get you marriage done with the second girl. First you should personally talk with me.

This is in further response to you:

1. File for judicial separation then you can stay away from your wife;

2. Do not marry your girlfriend because that is criminal offence again;

3. So wait for the divorce to finalise;

4. Also you can obtain joint custody of children and full visitation rights;

5. Do consult a lawyer and then go ahead, do not appear party in person as it may not be the best option.

Hi,

The situation is tricky a bit and you need to play cautiously because the affair may be assumed as cruelty on your part.

File a complaint against your wife for attempt of suicide and intimidation of suicide and cruelty.

See if she is not ready to give divorce you have to file a contested divorce on ground cruelty against your wife in the family court.

Your wife can contest for not giving divorce though the photograph of relationships and texts she can file case.of.domestice violence and mental cruelty against you.

Sir it would be better you offer same to wife and mutually settle if not then file for divorce on ground of cruelty.the maintenance alimony shall be decided by court.

If kids are with wife visitation order from court has to be taken or if she allows you can meet them daily or can file for there custody. Yes you can live with your girlfriend without marriage.

there are two options to file divorce it can be done under Hindu Marraige act can be under sec 13 which is a procedure to file divorce in different grounds to get divorce from your wife! You have to contest the matter!.

Since your wife is aware of your relationship and has proof against the same, it is advisable to settle your matter by Consent as going to the Court will go against you. However, until and unless you are able to reach a consensus and obtain a Divorce, it is advisable to be discreet about your relationship. Do not flaunt your relation in your wife's face as that will anger her even more and provoke her to file cases against you.

Contest a case of divorce against your wife on one of the grounds as available to you under the Hindu Marriage Act.

Consult a local lawyer to file a divorce case.

Forgot to mention that my wife knows about my relationship with my girlfriend and she has some texts and photographs evidences also.

Ans. This only gives a ground to her to obtain a divorce from you.

If you ready to compensate, discuss the idea of a mutual consent divorce with your wife.

Can I live seperately with my girlfriend during divorce case? Can I take or meet my kids daily within this duration?

And. Very risky. Your wife may launch a series of matrimonial cases against you.

1. You shall have to file a divorce suit against your wife on acceptable grounds like cruelty with adequate evidence in support of your allegation.

2.Dating another girl and developing a desire to marry the said girl is no ground to seek the decree of divorce, as per law.

3. Collect adequate evidence in the form of audio/video recording in support of your allegation keeping in mind that divorce is the second most stressful even in one's life and you never know whether your next partner will be any better.

4. Threatening to commit suicide is also an acceptable ground to seek the decree of divorce.

1. If she has the evidence of your running the affair with the said girl then she can seek decree of divorce on the ground of cruelty.

2. In your instant case, she can counter your cruelty ground submitting the evidence tom prove that you have forwarded false ground for the purpose of marrying the other girl.

1. As I have explained in my earlier post, your getting attached to the other girl will not be considered as a ground for your seeking divorce.

2. On the contrary, she can get your divorce suit, if filed by you, dismissed by proving with evidence that you have filed the false divorce suit for legitimising the adulterous affair you are running with the other girl.

1. You can now live with your girl friend now since adultery has ordered to be no longer considered as a criminal offence as per latest Supreme Court Judgement.

2. However, your wife can get your said divorce suit dismissed after proving your said adulterous relationship being the cause of your seeking the decree of divorce from her.

3. You shall have to understand that filing the divorce suit does not end the matter. You shall have to obtain the decree of divorce from the Court by proving your grounds and the suit might be dismissed also if your wife contest the suit and can prove your ground as false. In that case you two shall continue to stay as married couple.

You have to file for divorce on Grounds of cruelty by wife as threats forwarded by wife to commit suicide amount to Grave cruelty upon the spouse and is a valid ground for divorce under the provisions of Hindu Marriage Act 1956.

Even if your wife knows about your relationship outside of marriage you cannot do anything about it and can only use it against you in divorce proceedings.

I would advise you to visit couples counseling sessions with your wife so as to iron out the major issues between you.

You do not have to give any property which has been acquired buy you from your own funds or inherited by you as your wife has no right in the same as per law.

You'll only be bound to pay a fixed monthly maintenance amount to your wife if she is unable to maintain herself from our own income.

You can live with your girlfriend during the pendency of the divorce case but visitation rights to meet your children would not be given for daily meetings by the court as that would disturb the children.

You can apply for custody of the children stating your wife is not fit to take care of the children owing to her suicidal tendencies.

Dear Sir,

Without divorce legally you cannot give dates to your unmarried girl friend. However you can propose a figure for settlement amicably through mutual divorce perhaps your wife may accept that amount and consent for divorce.

You cannot compel your wife to agree for divorce for this reason.

However if you cannot tolerate her tortures anymore and also her suicidal tendency, then you may file a contested divorce on the grounds of mental cruelty, but you cannot cite your extra marital affairs as a reason for seeking divorce, it is not admissible in law.

Forgot to mention that my wife knows about my relationship with my girlfriend and she has some texts and photographs evidences also.

Latest supreme court judgment says that adultery is not a crime, hence even if she plans to lodge any complaint in this regard, it will not be entertained.

I have tried to resolve issues but my wife didn’t cooperate, now I am very much attached to my girlfriend and get settled with her.

I am ready to give property and alimony to my wife whatever is applicable.

If your wife is not agreeing for mutual consent divorce then you have no option than to file a contested divorce case on the grounds of cruelty.

This may take another three years to get disposed.

Can I live separately with my girlfriend during divorce case? Can I take or meet my kids daily within this duration?

You can live with her during the process of divorce case, but dont get married to her before getting divorce decree from court.

You can meet your children however if your wife objects then you may have to file a child custody case and seek for visitation rights as an interim relief.

You can file divorce on the grounds available under the Hindu marriage act, one of the ground amongst them being cruelty and as such you will file a petition for divorce on the ground of cruelty against your wife

Your wife is aware about your extramarital affair then it will be difficult for you to win the case on the ground of cruelty as she can produce such evidences and get a favourable order

The best way out here at this juncture is to talk to your wife and resolve the dispute mutually

Living with your girlfriend separately will weaken your case and the visitation rights can either be settled mutually or you can ask the court to pass an appropriate order till the case of divorce is pending