Divorce, alimony, maintenance
Hello experts...hope all u doing good...
Right now i m very depress and confused about my married life and divorce. My marriage was held on 20 apr 2004 by hindu shastra vidhi in vitness of all the relatives. We were living our happy married life since 11 yrs. We got daughter in 2010 but unfortunately she passed away after 1 month of birth. We were very happy with our married life and our lifestyle but since last 8 month (since oct 2014) my wife got in touch with other guy who is just 25 yrs old she fall in affair with her. The guy misguide her too much regarding our lifestyle and too much misguide my wife to take benefit of her. This matter came to know me in 27 feb 2015 when i checked my wife's cell there was call of 77 mins. I asked her what is this and who is this? She felt guilty and said sorry this will not happen again and i put trust on her. After 15 days of this i got doubt and i said u are not changed yet. She felt sorry again and i said i will tell ur father if this thing happens again on 19th mar i again caught her doing msg and i said i will tell ur father tomorrow. On 20th mar my wife left my home without informing anyone. I have visited my laws house on the spot which is 200 kms from my home(surat to anand). I told full detail to my father in law. He said i m sorry for that and he told me to give her divorce. I said it is not easy to give divorce after 11 yrs. You should teach ur daughter. I filed FIR of missing on second day and third day police investigation started and i gave the phone number of that guy. Police called him and investigate and took his statement. He said that we are talking on phone n msg and we met 2 3 times outside. In this investigation came to know that guy gave her second phone with other number(this was not said by that guy but came to know from other source) my wife contacted him and ask for paying guest. This guy arrange to live for her with his friends family. On 24th mar my wife came to police station with advocate and gave the statement on 25th that she wants divorce. After taking her custody her parents took her home. She admitted too much wrong statement against me like he is forcing me to drink and smoke(as i never done and i have many people for evidence), he does not love me(when her parents and she admits 1000 times that aapke jaisa jamai kahi nahi milta) and some more cheap statement like these(these all misguided by that guy). Second day my father in law called me and ask me all this things and i clarify all that i never forced her for anything and he talked with me nicely that u r great, and my daughter is not good, i cant take her guarantee, give her divorce etc..(i hv recorded that call). i said lets give her second chance and bring her back on 2nd apr..second day she again started to talk on msg with that guy again i caught her on 6th apr and called that guy and threaten him(i hv this call recording). After this she told me that she wants to visit her relatives i took him for 7 days to fresh her mind. While visiting her parents they taught her that dont say sorry to anyone and be strong. After coming my home she started fight second day with me without any reason. Very politely i calm down her and told that forgot all past and live as we were living. I played the recorded conversation with her father that he was not ready to take ur guarantee. She called her father to take her home. Before he come she again left my home with letter written that i m getting too much love from u all but i m not eligable of this love and mai aap logo ki maafi ke bhi layak nahi hu. I bring her back from bridge of river and came to my home since her father arrived and took her home. Second day she came with her mom and said i want to live here. I said ok. From nxt day she again started to fight without any reason. And i sent back her to her parents. In this days she wrote another letter as same as before. I told my father in law for divorce. Now suddenly his behaviour changed and talking with me like insane that you torture my daughter whole life, you taught her to drink...bla bla bla etc etc. I said what about ur daughter character(as she had one more affair before this in 2011 but i m unaware of this her parents knows) he told its all ur mistakes not mine. I m shocked wtf is this man talking. And i agree to give divorce by mutually. We decided some alimony and other things and finalised the date. On that date they refuse to come in court with very silly reason. And took time of one month as there was vacation in family court. I said ok. After some days i got call from him that they want to do samadhan and want to send her daughter back. I declined. After some date i got call from their relative for samadhan and i declined again. On 18th jun we filed MCD under 13b and all the things handover to her. She was earning woman(proffessional singer) she did not remember her credit card which was with me. The bill amount of this card is 2.5 lac outstanding. I want to bring her back but i m confused that anything can happened to me n my parents. If i give her phone number to credit card banker which steps she can take? I dont know what the statement given by her in police station. No one can prove DV or 498a from her family that we never demand for it or never done DV. And many evidence of this like her pics, her lifestyle and she was earning woman.....
what if she or me refuse in second motion petition?
Can she claim more alimony against this card bill? Or i hv to wait since decree of court before giving her number to bankers.
What if i refuse in second motion petition and not agree to divorce? Do i have right to meet her if i refuse to divorce her ? I m damn sure that they will not do DV or 498a if i refuse to divorce her. If she is living her parental home can anybody stop me to visit her?
As i talk about affair is that call recording (which i theaten that guy..my wife also talked in that call) and that guy statement in police station is enough for adultery? Can i get alimony back?
What if they cant prove DV or 498a? Can i take action against them?
Pls help me i m very confused about what to do? Shall i bring her back ?
Sorry to write too much but it is required to get clear answer