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


Asked on 5/31/07, 7:20 am

6 Answers from Attorneys

Sachin Sangare Private Practise

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.

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Answered on 5/31/07, 7:42 am
rajeshwar sharma rajeshwarnathsharma

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.

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Answered on 5/31/07, 10:07 am
Vishwa Arya Arya & Co.

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

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Answered on 5/31/07, 10:13 am

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.

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Answered on 5/31/07, 1:04 pm
G. M. Gupta gmguptaandassociates

Re: divorce

you can file the case on grounds of desertion and cruelty.

adviced to contact lawyer in person

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Answered on 5/31/07, 1:37 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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.

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Answered on 6/05/07, 5:45 pm


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