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Want To File Divorce Against Wife Involved In Extr Marital Affair


07-Jan-2023 (In Divorce Law)
I caught my wife having extra marital affairs with college friend and have whtsapp conversation as proof which incates physical relationship with the guy. Besides we have several other issues. We both agree for mutual divorce. But her parents threaten to file domestic violence case against me and have taken custody of both my kids . Please advise according to shia personal law as how shall i proceed and protect myself against fake cases
Answers (4)

Answer #1
850 votes
In this regard, I advice you not to go for the mutual divorce as then also she will be entitled for domestic violence petition if you don’t settle her claim for stridhan and other things. It is advisable to file for the dissolution of Marriage on the grounds of adultery as against her and then file for guardianship petition seeking the custody of the child. If in court you will proof her extramarital affair then you would definitely get the custody of the child as court generally looks as to in whose custody the child welfare lies. For further clarification, please contact.
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Answer #2
653 votes
Hi first of all what is the matter and all what is the evidence And all that u have against her u need to show it in then court to prove that she is having a affair and all u need
To show all documents regarding that andnall When
Was the marriage been done how many years and all u can file for divorce under Hindu marriage act
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Answer #3
955 votes
Dear client,

By ur question I assume that ur muslim in the Muslim law there is no provision of mutual divorce. You have to gave divorce to ur wife according to quran. if u want custody of u can file case in the court. Dear client if ur wife file domestic violence act case against u and ur family than in that case defend ur self and show all the proof that u have regarding her extra marital affair to the court. Dear client for more clarification u can contact me and I m happy to help u.
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Answer #4
707 votes
Dear Client,
If you have solid proof against your wife either whatsapp or video you may opt for filling the petition at court.
if your wife files case against you under section 498A Cr.pc. which depends on your years of marriage , if your marriage has passed 7 years then She can not file 498A case if not then only.
you may consult me for the same legal resolution and further legal course of action.
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