• Forcing for a divorce

In September 2019 i have came to know that my wife has an affair with younger person than her. He is 10 years younger than her. My wife age is 38 years and he is 28 years single also he is lawyer. But i have given her chance also forgive her because we have 10 years of old daughter. We have love marriage. But on last September 6th me and my wife had fights and she leaved my home along my daughter. Since that time i have received two times calls from her lawyer and she has asked me about my availability for signing a divorce paper , i have replied to lawyer madam that i have daughter and issue is solvable pl try to understand and also try to convince my wife to not to break marriage . I have also received calls from my wife two times where she abused me and asking me for a divorce . I said i really dont want to give divorce because we have beautiful daughter. in my house me and my father living together.. 

Her family members also supporting her especially her brother . Even though i have informed him about her affair and sent him some proofs. But he is blaming me that his sister is not happy with me.

Please suggest what should i do sir. i am in to huge tension. I do not want to give divorce. Because i am badly missing my daughter. and wanna save my life as i am 40 years old. i am ready to forgive and live happily with her
Asked 2 years ago in Family Law
Religion: Hindu

3 answers received in 2 hours.

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8 Answers

You are ready to forgive as you are a good person but she wants to quit because she doesn't want to live with you. What you can do is refuse to sign divorce papers. she cannot take divorce if you do that.

Collect all the proof of her affair.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

 

 

it is in your interest to agree for divorce by mutual consent as your wife does not want to stay with you 

 

enter into consent terms wherein you get sole custody of your daughter and don’t have to pay any alimony or maintenance 

Ajay Sethi
Advocate, Mumbai
94734 Answers
7539 Consultations

5.0 on 5.0

As you wish to keep your marriage intact, please move a petition at the family court for restitution of conjugal rights through a local lawyer. You have to strongly establish your efforts at bringing back your wife to her marital home to the satisfaction of the court, in order to succeed.

Swaminathan Neelakantan
Advocate, Coimbatore
2797 Answers
20 Consultations

4.9 on 5.0

- As per Supreme Court judgment, wife is expected to move in with the relatives of their husbands, follow the rules and customs of their home, and ideally, blend in seamlessly as a new daughter. 

- Further, the court granted divorce to a man on the grounds of “cruelty” after his wife refused to share a home with her in-laws.

- Further, If wife is not supporting her husband for the enjoyment of life and denying relation, then the husband can get divorce after filing a divorce petition before the court on this ground.

- Since, she has left you, then for your safeguards, you can lodged you complaint before the police and higher official, as an information, after mentioning the details and also for threatening to implicate you in false dowry cases.

- If you are interested to live with her , then file a suit for restitution of conjugal right before the court for directing her to join the matrimonial life with you. 

- However, before filing the suit , you can send her a legal notice for asking to join you . 

Mohammed Shahzad
Advocate, Delhi
13230 Answers
198 Consultations

5.0 on 5.0

Dear Client,

You can deny for divorce and file an application for the same in court if your wife is insisting you or forcing you for divorce. 

Thank You.

Anik Miu
Advocate, Bangalore
8889 Answers
110 Consultations

4.7 on 5.0

If you do not want to give her divorce to her then you may refuse to sign the papers for mutual consent divorce.

If she is filing a contested divorce case you can challenge the same and get it dismissed.

If you want your child back, you can file a child custody case under the provisions of guardian and wards act. 

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

You can deny the same and contest it on merits

Prashant Nayak
Advocate, Mumbai
31954 Answers
179 Consultations

4.1 on 5.0

Respected sir. 

I would like to suggest you as a brother instead of an advocate.. there are two situations one is that in which you can convince her and solve all the things that will be tge best things and the second option is if the things are not working then make it it clear what you want either your daughter or not ... and move ahead getting divorce without any harassment is also peaceful sir one you have to set your mind clear...just think first and then ask questions and consequences of the situation I will be there for you to help you..

 

Thank you 

Dinesh Sharawat
Advocate, Delhi
1263 Answers
12 Consultations

4.9 on 5.0

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