Sir, I saw the immoral contact of my wife directly. So we were separated before 3 yrs. Now she has an affair with another person. She lives with him. She became pregnant before our separation. Now she has a boy of 2 yrs. I want divorce from her. But she ask Rs. 50,000 from me. She didn't accept to give divorce for me. What should I do get divorce from her?
Asked in Family Law from Chidambaram, Tamil Nadu
As you have mentioned that your wife has committed an "adultery", she is legally punishable and is not entitled to any maintenance.
You would have to file a criminal case under IPC for adultery with relevant evidences to prove the same and simultaneously seek divorce on that ground. You can seek divorce for adultery and cruelty caused to you by your wife.
I am sorry you can not prosecute your wife for adultery but can have cause of action against the man and claim damages. You can however seek divorce on that ground if you have strong evidence. My opinion is that you get rid of such a woman by paying the demanded amount after she goes through process of mutual consent divorce. Otherwise you may end up spending more money on litigation and wasting your precious years.
Advocate, New Delhi