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Wife cheating on me, how to get divorce without paying maintaintence
26-Mar-2023 (In Divorce Law)
we were married at d age when i was minor and my wife major..we dont have any marriage registration certificates or marriage photos. we just stayed together for 6 years. now i am 22. i have 2 children- girl(4 years) and boy(2 years). my wife is cheating me by having sex with my cousin brother since 3years, about which i came to know on may 18 2016. she took away d boy child and left home and started staying with my cousin till d day. now i claimed for divorce and she asked me to pay 1 lakh and return d girl child and also maintainence every month. i dont want to give d girl child. not even d maintainence coz i am not d biological father of that boy child. i have all d proofs to show that my wife cheated me. what should i do?
HI
you do not need to pay any maintenance or alimony if your wife has deserted you and has been leading an adulterous life with your cousin.
your should file a case of adultery under section 497 of IPC against your cousin and wife and also contest the
a) maintenance claim and
b) ask the court for conducting DNA test on the child as you claim that you are not the biological father of the child.
you do not need to pay any maintenance or alimony if your wife has deserted you and has been leading an adulterous life with your cousin.
your should file a case of adultery under section 497 of IPC against your cousin and wife and also contest the
a) maintenance claim and
b) ask the court for conducting DNA test on the child as you claim that you are not the biological father of the child.
Helpful?
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Adv. Rajagopalan
Hyderabad | 500+ Answers
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Hello,
You can file a divorce case against your wife on the ground of adultery and fight with all the evidences you have in your possessions showing your wife's extra marital affair with your cousin brother. However, you should be having strong material evidences to win the case. In retaliation to your divorce case, possibly, she can file a maintenance case. You fight the possible maintenance case on merits based on the evidences which you have against her. If you can prove she is having extra martial affair there also, she will be denied maintenance as the wife who is living in adultery cannot be granted maintenance. Feel free to contact me if you need any assistance and help. All the best!
You can file a divorce case against your wife on the ground of adultery and fight with all the evidences you have in your possessions showing your wife's extra marital affair with your cousin brother. However, you should be having strong material evidences to win the case. In retaliation to your divorce case, possibly, she can file a maintenance case. You fight the possible maintenance case on merits based on the evidences which you have against her. If you can prove she is having extra martial affair there also, she will be denied maintenance as the wife who is living in adultery cannot be granted maintenance. Feel free to contact me if you need any assistance and help. All the best!
Helpful?
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Adv. B. Srikiran
Hyderabad | 500+ Answers
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Dear Client,
What happened to the divorce petition filed by you. Whether have urged the court for divorce on the ground of adultery. If so you must place all evidence before the court for grant of divorce on that sole ground. If court grants divorce on the ground of adultery you need not pay any thing to her as maintenance. If she files any maintenance for boy you must prove that you are not the father to him. But you must prove the same by placing medical evidence to that effect. You must file a case against her for adultery and bigamy etc., You take the legal assistance by engaging an expert advocate who has good standing in dealing the above said cases.
What happened to the divorce petition filed by you. Whether have urged the court for divorce on the ground of adultery. If so you must place all evidence before the court for grant of divorce on that sole ground. If court grants divorce on the ground of adultery you need not pay any thing to her as maintenance. If she files any maintenance for boy you must prove that you are not the father to him. But you must prove the same by placing medical evidence to that effect. You must file a case against her for adultery and bigamy etc., You take the legal assistance by engaging an expert advocate who has good standing in dealing the above said cases.
Helpful?
25+
25+
Adv. Sistla Rama Krishna
Vijayawada | 400+ Answers
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