Rajesh Shah
Asked January 04, 2017


  • 1 Answer

Hello, My marriage was for about 1 and half year and in between i came to know she has extra marital affair with person in her office who is also married. I tried many times but still its the same and after that i finally decided to leave her and don't want to start as if there is no meaning in such relationship. Firstly their family and she agreed for mutual agreement with our cast's respected members sign and after that about 2 months she denied for same and finally she filed a case for No 9 restitution of conjugal rights and shes claiming for Rs 10 lacs for Divorce. I do have proof of phone call logs as well email where she writes to the person in his office about love & etc. its now more than 1 and half year we have got separated she also demands that my family is harrasing him and after that she has left the job and claiming for ailmony as well the money from start to till date for lawyer, etc. i also do have income proof that she has never left the job till date and she is working. i have hired a lawyer my friends have suggested to file a case for Divorce and lawyer is saying to wait for some time because if we file for divorce she will file for DV case and my family can come into problem. at the time she left and we decided for mutual understanding agreement she has taken all his jewellery, clothes, etc. and now she is claiming that jewellery are with us. i am confused and scared now what to do

Answer 1

: For the purpose of this answer, it is assumed that you are governed by Hindu Marriage and divorce laws. You can definitely file a divorce petition against your wife under section 13(i) of Hindu Marriage Act, 1955 which states that adultery is a ground for seeking divorce. You also mentioned that your wife has not been living with you, which means she has also deserted you. Desertion is also a ground for divorce under Section 13 (i-b) in case the spouse deserts the petitioner for 2 years or more. Under these two grounds for divorce, the wife cannot seek alimony. In the case of Vinod Kumar V/s. Kaushalya it was held that suit for the divorced is decreed after the trial on the ground of adultery then the wife will not be entitled to get permanent alimony and maintenance U/sec 25 of the Hindu Marriage Act 1955 because adultery alleged against her is proved. Bombay High Court and Madras High Court hold similar opinion which says “The wife who engaged herself in (an) adulterous activity cannot be allowed to take advantage of her own wrongdoings.” I advise you to please keep record of whatever evidence you have against your wife’s adulterous acts for the purpose of filing the divorce petition. Please hire a competent lawyer who can assist you with your problems efficiently.
Agree Comment 0 Agrees almost 5 years ago

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