See if they are accepting mistake then ask them to give a mutual divorce so that the reputation of there family is unharmed if they fail to give you mutual divorce then in that case file divorce on ground of cruelty and adultery.
Wife cheating on me
I scanned my wife WhatsApp web.So on first time she sent valentine love video to a guy and I confronted her so that time she cried and told she will never do this things again and I forgave her and after one month I got to know one different guy is chatting with her extremely vulgar things and I'm having that vulgar chats as proof with me.At that time she was pregnant and I think after this incident they make abortion but they keep lying that she is pregnant. So in this scenario should I file for divorce? She and her family accept her mistake of cheating and continuously telling us to forgive her but I dont want to live with her Kindly Suggest What to do?
Asked 6 years ago in Family Law
Religion: Muslim
17 Answers
you can divorce your wife as per muslim personal law
2) divorce should be preceded by attempts at reconciliation
3) issue wife 3 consecutive monthly divorce notices
4) reasons should be mentioned for divorce
5) pay wife her meher amount
6) maintenance during iddath period
If she is carrying on her illicit relationship with different guys then it's time to dump rather than forgive her.
All these chats and videos are admissible evidence in court.
Regards
She told me that she will not going to divorce me,Whatever will happen and now I think she will make some false statement or blame me if I file for divorce Kindly suggest?
Asked 6 years ago
Adultery is valid ground of divorce but court may refuse to grant divorce on single incidence of chastity, So have to use previous msg too, that she is involved with multiple guys.
I think after this incident they make abortion but they keep lying that she is pregnant. ?????
Only woman has the right to give birth or terminate pregnancy, husband’s consent not needed
Adultery is no longer an offence but it is still a ground for divorce. Here even if she is not willing the court shall grant you a decree of divorce.
Regards
As you want to terminate the matrimonial knot, therefore,
try to settle the matter amicably with your wife involving elders/relatives/friends etc and go for Mutual Consent Divorce which will be decided in 6-18 months, and you both will be free to live life with your wish,
if failed, you have two options,
one option is to,
file contested divorce on the grounds of mental cruelty, adultery, but it will take around 4-6 years, and more
also once you file contested divorce she will surely file/claim
498a complaint
Domestic Violence case
maintenance,
so be ready for them too,
and,
the second option is to file Restitution of conjugal rights petition in the Court, to show your bonafide intentions to save the matrimonial tie, however, you can withdraw the same any time,
RCR will work as a safeguard to 498a, maintenance, DV etc
Call/mail for a detailed discussion/understanding
you can divorce your wife as per mulsim personal law
2) if wife files false dowry harassment case apply for and obtain AB from sessions court
Yes. These are valid grounds to seek divorce, and I'm prepared to handle this matter as your advocate.
I need exhaustive consultation session with you first. I'm based in Bombay/new Bombay, just as you are; so it shouldn't be difficult for you pay a visit to me.
You can file for contested divorce with all the evidence you have
See if you file divorce on ground of adultery and cruelty and further if she file false cases same can be contested as these cases shall be after though and result of your divorce case.
This is my response to you:
1. You can take the first initiative of approaching a marriage counselor;
2. If she refuses then you can use that in the court and ask for separation;
3. A mediator will be appointed, if problems still persist then you can opt for mutual consent divorce;
4. Consult a local lawyer for better understanding and take steps likewise.
You can file a divorce case against your wife on the ground of adultery and fight with all the evidences you have in your possessions showing your wife's extra marital affair etc.
if she file any false cases and complaint has been filed You should take anticipatory bail.
1. Go for divorce on the ground of adultery only if you have evidence to prove her adultery.
2. No court is going to pass a decree of divorce in your favour on the basis of WhatsApp conversation alone. Social media communication can be led in evidence to corroborate the basic evidence, but it cannot substitute the basic evidence.
3. You must produce photographs or an eye witness should be examined as your witness to prove adultery.
4. Collect evidence by hiring a detective,
Dear Client
If you want to divorce her on basis of adultery then you must have more strong proofs with you that she committed adultery as only on the basis of this chatting you can't prove her adulterous acts.
And you might land in trouble if you file divorce without proof as she can counter file more case on you like maintenance, Domestic violence and police complaint.
As she already telling that she is not going to divorce you then you must hve strong proofs to prove your case otherwise your petition can be dismissed in court.
The whatsapp chat message or any other social media message cannot be an evidence for filing divorce case on the grounds of adultery, you may have to collect substantial evidence to prove her adultery. You can file a divorce case on the grounds of cruelty mentioning all these incidences as reasons for mental cruelty.
But being a Muslim, you can pronounce talaq instead of filing a divorce case.
The option before you is that you can go for dissolution o f marriage by talaq e ahsan or hasan following the procedures as mentioned in the Shariat law for this, you do not have to beg her divorce.
You may decide after consulting with your own family members on this.