Divorce petition under Hindu marriage act

My wife have an extra marital affairs with the vice-principal of her school (she is working in a missionaries school) since last 3 years. I have a daughter of 16 years of age. Everything I had the knowledge related to the extra marital affairs of my wife through electronic documents like sms, whatsapp from the very beginning but thinking of my daughter's future I could not take any step rather I didn't discuss about this affairs that I know everythings. I have copied the most of the SMS/Watsapp conversation in my pen drive. Then I left my wife and asked for mutual divorce. She claimed a flat and I purchased a flat in her name. Then she signed in the divorce petition. Unfortunately on final date she did not appear before the court and claimed maintenance of daughter. 1) How can I get the divorce. 2) May I get back the flat? 3) 13B is not cancelled because it has been extended upto December, 2018. 4) Is it a 420 case.? 5) In this situation can I file a divorce case against my wife?.

Answers (2)

164 votes

Was there any settlement deed/MOU between you and your wife before you purchased a flat in her name. I am sure there wasn't that is the reason she had retracted from moving the second motion of MCD. Now it evident that you have to go for contested divorce on the ground of cruelty. However, I would suggest you to wait till December 2018, for the dismissal of the MCD. In the meantime you can lodge a complaint with the local police station against her for breach of trust and cheating to pressurize her to move the final motion of MCD on December 2018.

Note: It is always wise to enter into a Settlement Deed or MOU setting out the terms of settlement before filing and moving the MCD.

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233 votes

hi this is advocate Indrani Gupta the questions that you have asked I hereby answered 1 you should first try to contact your wife through a legal letter for not appearing in mutual consent divorce petition in spite of having the deal with you regarding the flat if still she doesn't answer you go ahead and file divorce case and 420 FIR on her

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