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Cheating / Extra Marital Affair / Mutual Divorce
26-Nov-2023 (In Divorce Law)
Hello..We met in 2005 & We got married in 2010 as per Hindu Marriage. In 2015 we blessed with a baby boy. In 2017 she started dating a guy at her workplace & I came to know about it in 2018. I found all relevant information about her extra marital affair like WhatsApp chat / emails sent to each other / party pictures / hotels bookings / domestic trips / international trips. Once I was aware with all the facts she requested me not to disclose things at home & agreed on mutual consent divorce along with child custody. First motion was passed in Dec 2019 & after that I went to overseas for some work assignment. She requested me to let her stay at my house for the cool off period which was 06 months which I agreed. In 2020 lockdown happened & I stucked overseas till Feb 2021. Somehow I managed to get a relief flight in March 2021& after reaching home I was shocked to know that she had flew to USA with my son without my consent & lied to my parents about it & now not returning back to India
First of all you must file a written complaint to the police officials of your nearest police station describing them all the facts. Then you can also file for a normal divorce under section 13(1)(i) for having relations with another guy. She can also be charged for bigamy if she has got herself married in USA.
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Adv. Jitender Singh
Delhi | 1000+ Answers
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Sir, if you have a copy of the Settlement Agreement/Memorandum of Understanding, the terms and releif will be mentioned therein. Apart from that, you have other specific rights which you can exercise. Since the decree of divorce wasn't passed, she is still your legally wedded wife and therefore, retains her rights with respect to the child.
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Adv. Rohan Sharma
Delhi | 200+ Answers
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It seems that the second motion of your mutual divorce petition couldn't take place and your wife flew to USA without informing you and now you want to take divorce from her so you can seek divorce through power of attorney for more details you can contact our office we have done so many cases of that type thank you
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Adv. Dev Yati
Delhi | 5+ Answers
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