Legal Question in Family Law in India
My marriage was registered under Hindu Marriage Act.My wife had an extramarital affair with her boss and I found it out. I couldnt live with her anymore and told her Iwanted Mutual consent divorce as didnt want to wash dirty linen for the sake of the future of the son who was just three years old then. I arranged for a transfer immediately through my company and left her two years ago at my place wand I have stopped communicating to her. IN addition she use to curse my parents and insisti upon separeate residence and even aborted a child without my consent. For all of the above I have a hand written letter from where she has explained. She had been continuously shying away from giving me divorce and out of frustration and to retaliate I started to have affairs online through chat messages etc. Now she is in the court with an excerpt of my facebook chat message stating I am having extramarital affair adn I have deserted her and demanding divorce with a permanent alimony of 25 Lakhs and custody of the child. I want to contest her petition by using her hand written lettter as evidence to prove her cruelty. Question is how will the court of law look at my act of retaliating to mental cruelty and her suppresssion of her own wrong doings
1 Answer from Attorneys
Where she has filed the case? Firstly, adultery can't be proved merely by showing a relationship. The relationship must be physical and to prove it is too tough. Secondly, I have to examine her letter so that I can suggest you upon that. As far as alimony is concerned, since she is working no alimony or maintenance is maintainable. Don't worry... You can fight it out.
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