Wife threatening for divorce
I married on 2008 , its love marriage . We have 4 year old kid. my wife is working lady .After kid born our relation had passed thought a bad phase , due to family problems. And i also neglected her.
In the mean while , my wife meet with a guy in her office and she fell in love with him. She even told me but i thought she was lying. Then i took a back of her cell phone one night and i saw her whatsapp messages. That she want to leave me and marry him and stuff like love you. Later she deleted those messages.
I got a hotel booking reciept from her email id. In the reciept her name is not mentioned but that guys name is mentioned. And that time she also went to visit goa. But she says she stayed in a different hotel and she has that prove also.
After getting to know all these fact i gave her second chance and she told she will come back , but still our relation is not good , we dont talk properly , she dont cook food , but she take cares of child very well and many times i behaved badly because of anger.
Now she always ask me for MCD but i dont want to give her divorce , she tells she will file divorce case against me based on cruelty.
I have few questions:
1. can she get divorce based on cruelty?
2. can i file adultery case against her and that guys ?
3. is whatsapp message back up and hotel bill ,be a good evidence to prove adultery?
Asked in Family Law from Bangalore, Karnataka
yes she can file divorce on cruelty,you can file case of adultery but whatsapp messages and hotel bill may not be sufficient to prove adultery.
Advocate, New Delhi
1) best solution is for you to agree to divorce by mutual consent since your wife loves another man
2) she can file for divorce on grounds of mental cruelty but she has to prove the allegations
3)you can file for divorce on grounds of adultery but you have to prove that wife had an affair with her lover
4) if your wife has stayed in same room with that guy circumstantial evidence would be sufficient to prove adultery . similarly photographs of your wife with that guy in compromising position would substaniate your claim . you can also rely upon whats app messages exchanged between your wife and her lover
1. Why don't you agree to MCD? Try to understand that there is no point in keeping a marriage alive merely on paper when it has broken down for all practical reasons. You do have the right to contest her divorce case as and when she files it. She will get divorce only and only if she proves the allegations of cruelty.
2. You can certainly file for divorce on the ground of adultery against her. This apart you can also file a criminal complaint against her lover for adultery. Your success in the legal pursuit will be contingent on proving the allegation of adultery.
3. Hotel bill is a valid and crucial piece of evidence if it shows that both your wife and her lover stayed in the same room. Whatsapp messages can also be produced as proof in the court. You may also avail the professional services of a detective agency to gather more proof in the nature of intimate photographs of your wife with her lover to have a robust case in the court.
1. She can get divorce based on cruelty provided she proves cruely meted out to her by you.
2. Yes. You can file adultery case against her by collecting evidence, apart from what you already have by engaging a detective agency.
3. Yes. Hotel bill is enough to prove adultery if it is proved that your wife had stayed with her lover in the same room during excursion.
Better to opt for Mutual Consent Divorce as it takes around 6 months unlike contested divorce which takes years and also very difficult to prove the allegations. A complaint can also be lodged against her lover for adultery.
1. She can certainly file a divorce suit on the ground of cruelty and may get the decree if she can produce enough evidence to prove her allegations. She can also file a police complaint u/s498A of IPC which may be very painful for you,
2. Adultery charge can not be filed against women. You can file it against him but your stated evidence are not enough to prove your charge,
3. Hotel Bill in the name of that man proves nothing. Whatsapp messages have been deleted by her. So, you presently have no evidence,
4. It will be a prudent decision to agree for her MCD and move on in life.
as you donot want divorce & want to trouble her. it is best for you file a police complain of adultry& also defend your divorce case suitably
Advocate, Greater Noida
if you are still living under the same roof you cant opt for MCD. But you may opt for judicial separation.that ways you people will also get to know whether you want to come back together or want a final end by way of divorce. also remember a child is involved and both of you have no business to misbehave and your decisions should be best suited to his interests.
From what you state your wife cannot file a divorce suit on the ground of cruelty as there seems to be insufficient evidence on her side to prove such allegations of cruelty on your part. Unless she has conclusive proof with her in terms of documents, letters, emails, witnesses which can prove that you have been cruel to her during the term of your marriage.
In case she is wily she may opt to file a police complaint under Section 498A of Indian Penal Code (IPC) to put pressure on you to comply.
As regards a charge of Adultery, that you propose to file or initiate charges of adultery is time consuming and hard to prove on the basis of a Hotel Bill in the name of the man or any messages. They can claim to be colleagues.
Ultimately if there is no love, trust and faith in the relationship, your marriage will continue to flounder and hence it would be less emotionally stressful if you file a Divorce by Mutual Consent and move on in life.
Filing a case before Court and succeeding in it are two different things. Mere filing a case before the court does not automatically result in a favorable result.
As regards Adultery, you may initiate both, civil and criminal cases.
In criminal prosecution (for offence under section of Indian Penal Code) the person against whom you can bring criminal action is her paramour and not your wife. But in order to succeed you will have to prove sexual intercourse between them. It may be a bit harder to prove.
Receiving hotel booking receipt in the name of that guy, at her email id is a circumstance indicating that both of them were concerned with the same room in that hotel. Both of them being at Goa is another circumstance. But then it will depend upon the Court how far weightage should be given to these circumstances. No guarantee of favorable result.
On civil side you may claim divorce on the ground of Adultery and may succeed if you prove it.
As regards the possible divorce case against you based on cruelty, she will succeed if she proves mental cruelty.
You can file a criminal complaint of adultery on her boyfriend.
If you do not want a divorce don't agree to it and you can defend it in case she moves to court an independent divorce on cruelty against you. Your evidence of her being with him in night or day with unreasonable time and purpose is a sure evidence to prove adultery. Whats Aap messages can be used as evidence and it will help you to prove the adultery . You can disprove her cruelty and deny divorce. Mostly in cases like yours court gives an option to settle the matter/mediation, during such mediation you can decide if you want to end the dispute and part ways amicably. At the end of all the spats and fights its you both who should decide whether you want to continue with each other.
You can also file a divorce on grounds of cruelty and adultery with these evidence in hand.