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Wife filed for contested divorce and cruelty


24-Mar-2023 (In Divorce Law)
I separated from my wife after discovery of her affair and she has not admitted it. She has filed for mental cruelty contested divorce case against me. What should be legal options? My main objective is establishment of her affair. Thanks
Answers (5)

Answer #1
736 votes
Hello,
If you have any documentary proof against her keep it with you, it can be proved at the time of evidence stage. Though you cannot file any adultery case against your wife but definitely lodge a complaint against a person with whom she was involved.

Thank you.

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Answer #2
637 votes
When you contest the divorce petition, you can defend it and bring on the record all the evidence about the illicit relationship your wife is indulging in case there is no direct evidence of the wife indulging in relationship outside marriage, than very carefully the allegation of such relationship should be levied in the court proceedings otherwise adverse inference against you can be drawn by the court and the wife may be allowed divorce on the ground of cruelty as you levied false charges against her in the court. Detailed discussion required what all to be said in the court and brought on the record.
The onus to prove the act of cruelty for obtaining the divorce is on the petitioner/wife and her own acts of cruelty towards you will disqualify her for any relief from the Family Court.
You can always contact me for detailed case discussion.
Answer #3
525 votes
First you need to collect as much evidence as possible for establishing her adulterous relationship. You need to tell me the jurisdiction where your wife had filed divorce petition. It is also important to know the contents of divorce petition.
Answer #4
568 votes
You have to adduce evidences against her that prima facie shows her affair with the other person

These evidences can be anything from text messages,letters to phone calls

Also adultery by the wife gives you a ground for divorce
Answer #5
503 votes
in matter relating to divorce it is very much necessary to know the matter in full details before any comments. As per the query i understand that your wife has filed case u/s 498, 406 ipc and divorce case against you. Now i am not aware whether you are contesting the divorce case or you want to go for mutual consent divorce.If you wish you can opt of divorce under mutual consent which is very easy and fast.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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