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Divorce Issue partner cheated now threatening to move out of city
05-Aug-2025 (In Divorce Law)
My wife had affair with another man which I found out sent legal notice she tore that notice for past one month I am asking for reasons to cheat but she still not replying but daily speaking over phone with person whom she has affair,last week she told she want to move out of city as she wants some time to stay separated so we can join together but I refused for that but she is not agreeing continuously she is telling she wants to move out of city for few months,I need suggestion what to do next
Dear Sir,
I understand that you are going through a difficult and emotionally distressing situation. Based on the facts you’ve shared, here are a few legal options and suggestions:
1. Collection of Evidence:
If you have proof of your wife’s extramarital relationship (such as call records, messages, photographs, or eyewitnesses), preserve these carefully. This evidence may be relevant if you choose to initiate divorce proceedings on the ground of adultery or cruelty.
2. Non-Response to Legal Notice:
The fact that she tore the legal notice and is avoiding communication can be recorded as part of her conduct. You may proceed with a divorce petition regardless of her response.
3. Adultery as Ground for Divorce:
Under the Hindu Marriage Act, 1955, Section 13(1)(i), adultery is a valid ground for divorce. If you have substantial proof, you can file a divorce petition citing adultery and mental cruelty.
4. Consultation & Mediation:
If you still wish to save the marriage, consider formal marital counselling or mediation through a family welfare committee or court-appointed mediator. However, mutual cooperation is necessary for reconciliation.
5. Legal Separation or Divorce Petition:
If your wife continues to remain distant and non-cooperative, and you are mentally distressed due to her conduct, you may consider filing a petition for judicial separation or divorce based on cruelty, desertion, or adultery.
6. Child Custody / Maintenance (if applicable):
If there are children involved or any financial dependency, we can also discuss options for custody, visitation, and maintenance.
Helpful?
from which city you are from. how do u found out she is in affair. what is your nature of job and your wife job. do you have kids. how long you have been married. she wants judicial separation ? but not divorce
Helpful?
Adv. Savitha
Adv. Savitha
Madurai | 25+ Answers
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Dear Client,
1. You may file for divorce on grounds of adultery. Collect evidence (calls, messages, witnesses) and consult a family lawyer to initiate legal proceedings.
2. Consult an advocate to discuss your case in brief.
3. You may schedule an appointment regarding your case by phone or email at your convenience.
Thanks & regards,
Priyanka
Advocate
Coimbatore
Helpful?
Adv. Priyanka
Adv. Priyanka
Coimbatore | 100+ Answers
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