Legal Question in Family Law in India

adultry
Hi,
Both are hindu.I am not interested to stay with my wife.She kept on saying marriage is not a joke and i married her so she will not give me divorce.So one day i told her to think me as her live in partner instead of husband and marriage registration as agreement before started living togather.I told her if she will think this way then she will not find it difficult to divorce me.When i told her this neither she nor i recorded it.But one day when she told me she has meet someone and ask me to give divorce that time i said i will not give her divorce.Then she said she did live togather.She actually said this in reference to what i said.I know she has not met anyone and whatever she said outburst of anger.She said she did live togather beacuse i told her to think our relationship like this.I have recorded that conversation.
My question is as she has not mention that she said she did livetogather in reference to what i advice herto think so my lawyer is saying to use that recording to prrove she has comitted adultry.will this recording will be enough to proove she has comitted adultry?I know its wrong but want to get rid of her and she is not ready.She cannot proove that i told her to think our relationship as liveinrelationship

Asked on 2/28/09, 9:17 am

3 Answers from Attorneys

Aniruddha Pawse Aniruddha.P.Pawse Advocates

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Re: adultry

contact personally if possible

Answered on 3/11/09, 1:48 am

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Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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Re: adultry

I do not agree with your lawyer. A false statement may be easily unearthed and once you are caught making a false allegation, you and possibly also your lawyer may go to jail. Since you know that your wife is a chaste woman, even though you may not like her, it will be highly improper and immoral for you to level a false allegation of adultery for getting divorce.

Since you will be levelling the allegation, burden will be upon you to prove; and her recorded statement may not be enough to discharge that burden; you need to bring evidence of her adulterous relationship with other man independent of her statement.

Advice : You and your lawyer are not thinking in right direction. It is like planning a conspiracy before committing an offence. You better avoid committing the offence of levelling false allegation of adultery against your wife. Instead, better negotiate with her or else wait for your good times.

Answered on 2/28/09, 9:05 pm

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