• Contested divorce

I was married in 2011 and in this marriage we had 2 daughters. In 2019 I found out that wife was in an extra marital affair. I have CCTV footage and audio recordings which can prove it and also her own admission for the same in an audio messsge. She and her family reassured me that it will not happen again. So for the sake of kids, I forgave her and accepted her. 

But recently I found out that she is again in an affair with some other person. I confronted her and told her it’s best that we separate and get a divorce. I also told her that I can take care of the kids if she feels it’s a huge responsibility. She agreed and asked me if she could stay at her parents. I approved and she went. But since she has been staying at her parents, her tone has changed and seems like she and her family want to steer complications. 

Although I have all proofs of her adultery but if I file a petition for contested divorce what chance do I have with a the proof and what kind of counter attacks can she allege.
Asked 1 month ago in Family Law
Religion: Hindu

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15 Answers

Hey, 

Divorce petitions as such don't need extreme proofs. So, the proofs you have would be sufficient. It is only the time factor which might go against you as they may claim that the evidence is tampered or something and seek dates. But, eventually you will get divorce decree, be rest assured. 

Counter attacks wise, she can completely change the tone of the claims and go away from the tangent of the adultery and claim cruelty on your end, to further delay the divorce decree and frustrate you. But, a good and diligent lawyer  would definitely ensure that it gets done at the earliest. 

Sanjay Narayandas
Advocate, Hyderabad
51 Answers

5.0 on 5.0

Adultery with direct evidence is more than enough to prove adultery and grant you divorce, it might take 1 year or 2. 

In revenge or to extort money out of you she might file 498A case and 125 CRPC maintenance case against you alleging all kind of charges against you. 

Therefore, you need to file a detailed divorce petition well drafted. So that it can counter all the charges she alleges against you. 

Amol Chitravanshi
Advocate, Delhi
271 Answers
1 Consultation

4.0 on 5.0

The proof of evidence depends on admissibility of it. Audio tape is bit readily accepted in court and the technicalities are too many to formally prove it. Rather bring witnesses to prove your allegation. 

Devajyoti Barman
Advocate, Kolkata
22452 Answers
353 Consultations

5.0 on 5.0

For filing a contested divorce on the grounds of adultery, you may have to produce substantial proofs to prove her acts of adultery.

Besides, you may have to implead her paramour as a 2nd respondent in the divorce case. 

The CCTV footage in your possession would be a substantial evidence provided it has capture the acts of adultery and not your presumption of the said act. 

If you have decided to file a divorce cae, you don't worry about her repercussions or  acts of retaliations or get scared of her attitude to wreak vengeance on you for this steps taken by you against you.

You may be determined to move ahead with your proposed action to file the contested divorce case against her on the grounds of adultery.

 

T Kalaiselvan
Advocate, Vellore
72791 Answers
1111 Consultations

5.0 on 5.0

If you have proof of the affairs previous one and this one then that is sufficient to get a divorce decree in your favour. She will not be entitled to maintenance or alimony if she is living in adultery.

Rahul Mishra
Advocate, Lucknow
12674 Answers
32 Consultations

5.0 on 5.0

Hello Dear Mr. X.

I have gone through your contents of the email which you have post herein. First of all it is really unfortunate that even after the marriage, your wife having extra marital affair with third person, which is  really against  legal marriage. Secondly , once you caught your wife and also having video or audio recording admitting her guilt. Thirdly  after started stying at her prenatal home, she has changed her mind. I would like to advice you that  first of all be care full and strictly keep safe custody of your mobile or any other device from which you have recorded all these things.... Secondly don't tried to send such recording even your relatives. Becoz until and unless as per the evidence act, if your wife voice sample will not certified by the Forensic report issued by the competent authority the same will declare nothing, but only prima face evidence which has to be proved in the competent court of law.

 

On the basis of your recording, which  yet  to be prove in the court, you can file adultery case  against your wife. If you able to prove the same then your wife will not entitle to get any kinds of maintenance, secondly you will also able to get the custody of your sweet kids.

Now a days divorce proceeding not taking any such period as you stated.

In response of your counter filing your wife cases which she can file the following cases against you

1. U/s 12 of D.V. act 2006

2. 498A/406/34 IPC dowry harassment case

3. Under Section 25 Cr. Pc for maintenance.

4 U/s 9 of Hindu Marriage act, for restitution of conjugal right.

If you required any other further information Please contact us

G.L.Soni

Advocate

 

G. L. Soni
Advocate, New Delhi
77 Answers
3 Consultations

5.0 on 5.0

File for divorce on grounds of mental cruelty and adultery 

 

2) make her lover co respondent in divorce case 

 

3) enclose evidence in your possession 

 

4) wife guilty of adultery is not entitled to any alimony or maintenance 

 

5) seek sole custody of your daughters 

 

6) if you are able to prove allegations of adultery you would get divorce 

Ajay Sethi
Advocate, Mumbai
82706 Answers
5254 Consultations

5.0 on 5.0

Dear Concerned, 

 

The word for you is First Movers advantage - FILE FOR DIVORCE before she files false cases against you. 

 

You have sent your wife to her parents house, left her free to do and continue her adultreous relationships. If you file for divorce YOU need need to be prepared for false cases to be filed against you - make sure you put all cctv and audio, chats etc as attachements . YOU will have to pay maintenance for your daughters at max as , for adultery you dont have to give any maintenance to her. 

 

Use the opportunity of she going to her home बड़े भाग्यवान और खुशकिश्मत होते है वो लोग जिनकी क्रूर पत्नी खुद उन्हें छोड़ कर चली जाती है |  PLAN and file for divorce.

 

Best of luck  - Stay Blessed 

Atulay Nehra
Advocate, Noida
1276 Answers
58 Consultations

5.0 on 5.0

Dear Sir,

 It is a valid ground to get divorce but Courts always leans towards married women.

Kishan Dutt Kalaskar
Advocate, Bangalore
5897 Answers
297 Consultations

4.8 on 5.0

Dear Querist

You may file a contested divorce against her under section 13(1) of the Hindu Marriage Act-1955 before the family Court along with an application under section 26 of The Hindu Marriage Act-1955 for custody of children. you have sufficient evidence to get a divorce from her based on adultery.

 

she may file a maintenance case against you if she is unable to maintain herself under section 125 of Cr.P.C. 

she may also file a criminal complaint against you under section 12 of The Protection of Women From Domestic Violence Act-2005 and claim protection, right to residence, monetary relief, child custody, and compensation under section 17,18,19,20,21 & 22 of Act-2005.

 

she may file a false complaint against you and your other family members for dowry demand and returning of Istridhan under section 498A/406 of IPC.

 

as per my opinion, you should file the divorce case immediately and after filing the divorce if she files any case against you then that case may be considered as a counterblast case and you can get the sympathy of the court as it will be presumed that you are the victim of her conduct.

 

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6017 Answers
282 Consultations

4.9 on 5.0

A distinction is made by Supreme Court  between committing adultery and living in adultery. Committing random acts of adultery is not a valid ground for divorce. This applies to both husband and wife. It is not possible to obtain divorce on random acts of adultery. Even if it is granted by lower Court it will be set aside by High Court applying the law laid down by Supreme Court. Your best option is convince her for divorce on mutual consent. Law is in favor of women. You solution is, “only compromise no fight.”


Court has seen millions of attempts like you to fool the law. Both the excuses by which  you are trying to beat the law amount to marriage for which  punishment is imprisonment up to seven years.


Court has seen millions of attempts like you to fool the law. Both the excuses by which  you are trying to beat the law amount to marriage for which  punishment is imprisonment up to seven years.

Ravi Shinde
Advocate, Hyderabad
1011 Answers
8 Consultations

5.0 on 5.0

1. Since you have strong evidence of your wife's adulterous behaviour, file for contested divorce and if her adulterous acts are proved beyond doubt, you need not pay her maintenance/alimony.

2.  However, since the contested divorce takes a longer time, it's better to opt for Mutual Consent Divorce, which saves time and money and mutually all problems/disputes can be resolved quickly, including return of articles, division of property, custody of children, etc..

Shashidhar S. Sastry
Advocate, Bangalore
3618 Answers
207 Consultations

5.0 on 5.0

Hi,

It is suggested to resolve the issue amicably. If you want to proceed with divorce then adultery is a valid ground. There are two ways to move forward with divorce. One being mutual divorce which is a much faster process and all formalities can be completed in few months. The other way is contested divorce in which one person does not want to give divorce. This process takes more time and will cost you more in the long run. So it is advisable that you talk to your wife and reach a decision. If it is mutual then one lawyer can take both your interests and settle all issues involving child custody, visitation and maintenance. Please reach out to me for further discussion or book a consultation with me.

Rate this answer if you found this helpful. Thank you.

Anik Miu
Advocate, Bangalore
1528 Answers
18 Consultations

4.9 on 5.0

- As per law, extra marital affairs is a ground for getting divorce. 

- If you having proof for the same, then you can produce in court , as audio recordings and messages are admissible evidences. 

- If she is ready for divorce, then take her consent for filing the mutual divorce petition in the court , and which can be granted within a short period of time. 

- Further, you can get custody of daughters therein as well. 

- If , she not agree , then fie a contested divorce petition on the ground of cruelty and extra marital affairs grounds. 

- However, if you will file the petition , then she can claim maintenance /alimony from you , but as she is having having affairs with other person , then legally she is not entitled to get maintenance from you. 

 

You can contact me , if detailed suggestion needed. 

Mohammed Shahzad
Advocate, Delhi
7090 Answers
74 Consultations

5.0 on 5.0

you can go for contested but it will take time. For adultery you need very strong evidence to prove your case. she can file defamation later if desired

Prashant Nayak
Advocate, Mumbai
23442 Answers
49 Consultations

4.4 on 5.0

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