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Divorce on the ground of adultery
16-Sep-2023 (In Divorce Law)
I am working in a Private company and my wife in a government sector. I caught my wife in the act of adultery about 3 months ago. We have a baby, so i don't want to file a divorce at this moment. I have a video evidence, not a red handed video, in that my wife apologies for this act and in that video the adulterer is also there. I have few Whatsapp text messages which shows the affair between them. Since last few months, I am not able to concentrate on my work due to this act and my wife is not listening my words some times and doing the things, Not adultery things, against me that i don't like. Sometimes I feels mental cruelty due to that. So my questions are: 1. Can I file the divorce based on the Ground of this Adultery in future, after few years, if I cannot tolerate the mental cruelty? 2. Do I need to pay alimony? If yes, How long I need to Pay Alimony? 3. Will my wife have rights on my property & assets after divorce/separation? 4. Who will get baby custody?
U r case very strong for devoce and u can complayn file oposite u r wife's again file complain and file 1 application for u r local area polistation and say every thing again u r wife 1 application will be most power full evidence for u r defance and u r case
Helpful?
Adv. Jaydevsinh Jadeja
Rajkot | 25+ Answers
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You not filing a divorce will give the idea that are reliniquishing your rights to get a divorce.
You need to act swiftly and can't be double minded. You either forgive and forget by giving her a last chance.
Or if you feel you can't live with her than file for divorce.
1)Yes this is a ground of cruelty and adultery so you can file but it is not advisable to wait.
2) That depends if she wants alimony. You need to pay alimony till she remarries or permanenet alimony for once and for all. However, facts are to be ascertained, she may not be eligible for alimony after all.
3) Again depends on facts. You can avoid any future litigation by directing her to file consent terms. From what you asked i say no.
4) Depends on the age of the child. Daughter or son? Which parent is more earning? Lot of questions. You need to file for custody of child in order to get it.
You need to act swiftly and can't be double minded. You either forgive and forget by giving her a last chance.
Or if you feel you can't live with her than file for divorce.
1)Yes this is a ground of cruelty and adultery so you can file but it is not advisable to wait.
2) That depends if she wants alimony. You need to pay alimony till she remarries or permanenet alimony for once and for all. However, facts are to be ascertained, she may not be eligible for alimony after all.
3) Again depends on facts. You can avoid any future litigation by directing her to file consent terms. From what you asked i say no.
4) Depends on the age of the child. Daughter or son? Which parent is more earning? Lot of questions. You need to file for custody of child in order to get it.
Helpful?
Adv. Krutarth Trivedi
Ahmedabad | 100+ Answers
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