my marriage was on aug2013. my wife want divorce from me because she got records of my past chat history with my girl friend. after marriage, i chatted with my girlfriend for a week when my wife was not there. i hv told my girl friend that this is the last time im chatting, after this i will see u as a friend only. she has suicide tendency if i behave badly with her or show more love towards my wife. so it took time for me to avoid her completely. so i never tell her that my family life is happy. my intention was to avoid my girl friend (she is my relative too) without knowledge of anyone including my wife. but thru police help, she got my past chat history which includes vulgar talk, most of them was talked before marriage. but i never had sex with my girlfriend, but my wife is assuming that i might have had it. by reading my sms she guess many wrong things. interesting thing is i live in gujarat and my old girl friend lives in kerala. we had mental relation thru phone only. My girl friend is also married and having a kid also. if my wife file case against me, my old girl friend will be dragged to court.,her family life will be spoiled, her husband may seek divorce from her, her son's life will be spoiled. thinking of all these things, i thought of handling and solving my old affair on my own. but my intentions are misinterpreted and now im in trouble.
i love my wife a lot. i cant live without her. but my wife's parents brainwash her and are trying for divorce saying this reason. they want a mutual consent divorce which i dont want. but if i dont agree for mutual divorce, they will go ahead and file a case against me. please advice me what will the result of this case? Is there any loop hole for me to prove my innocence.
Asked 4 years ago in Family Law from Surat, Gujarat
It will be better to settle the matter amicably. Today the law is in favor of women. She may file criminal and civil cases against you and your family. In India there is no law to force anybody to live with the other party.
So it will be better for you to settle the matter amicably.
Advocate, New Delhi
1. Chatting with GF even after marriage is not a crime but the back drop has to be considered since you have had record of having vulgar conversations with her, evidence of which your wife has already collected,
2. Even then it is not a crime if you have divulged about your GF to your wife or her family members before marriage,
3. But the fact is that you can not force anybody to be in relationship with you if she does not want it,
4. Try to convince her in this regard,
5. If she still wishes out from your life, go for smooth mutual consent divorce & never commit such type of mistake further in your life,
6. In the instant case, your wish to continue as husband & wife with her is of no value if your wife does not want it & as you have rightly said contested divorce will cause serious damages to several people which can be avoided by the said MCD.
Best course of action for you would be to settle the issue amicably.
Advocate, New Delhi
1) you never had sexual relations with your girl friend . most of chat history is before your marriage .
2) after marriage you did chat with her for a week but you never had any physical relation ship with her .
3) you have never cheated on your wife and did not have any extra marital relation ship .
4) suggest to your wife that both visit a marriage counsellor .
5) if your wife remains adamant go in for divorce by mutual consent .
6) contested divorce petitions take years to be disposed of and it would involve washing of dirty linen in public
Best to go for divorce by mutual consent to solve all your problems.
best way for you to sort out things amicably. you also can take help of marriage counciller
Advocate, Greater Noida
Hi, you have to convince your wife first and tell her frankly what had happen and settle the matter amicably.