Legal Question in Family Law in India
divorce
It 's case of adultry i found my wife guilty,but i cant prove it. my marriage is held on 28/5/2000, we lived separately from 29/5/2005. i havn't found any kind of ground to take divorce , she already filed the case of CRPC 125. please guide me
6 Answers from Attorneys
Re: divorce
First of all i am assuming that both the parties are hindus.
Living seperately without any valid reason is also a good ground for Divorce and in addition to that it is a ground for mental cruelty also.
It is not compulsory that you should have cogent and tangent evidence to prove adultry. Circumstancial evidence are also appreciated by the courts.
Take help of a good Advocate to take up your matter.
Contest the 125 proceedings.
Re: divorce
You may file divorce case on the ground of separaion and cruelty and for you may consult me.
Please fight the case in the court to counter the allegaion of your wife.
Re: divorce
Your first priority is to defend on 125Cr PC, so that you do not have to pay maintainence. Is she working? Do u have any evidence of her source of income. Other than that you may file for divorce on the grounds of adultery, cruelty and desertion.
Vishwa
Re: divorce
Firstly contest the pending case u/s 125 cr.p.c.You can file divorce case on the ground of Desertion and cruelty.
Re: divorce
you can file the case on grounds of desertion and cruelty.
adviced to contact lawyer in person
Re: divorce
do not level allegation of adultry against your wife, if u cannot prove it. you may, however, file divorce on the ground of cruelty, if you have sufficient reasons and evidence to prove that.