Legal Question in Family Law in India

hi, I'm married with a 1 year old kid . my wife was chatting with her ex-boy friend. I used to check her mails without her knowledge sometimes and found out few chat messages in which they had shared their love after marriage. I have saved the chat messages and has printouts of them. I want mutual consent divorce. but my wife is not ready to divorce as she apologises. Is this proof enough to proove adultery? if so, is it necessary for me to pay her and the child some kind of alimony or maintenance? If I has to pay alimony for both,how much should i pay them? my wife is not working. will I be punished for checking her mails and taking printouts if she files a case against me? she threatens me that she may file dowry case also. Please advice me whether I can file a case against her and produce the saved messages or not?

Asked on 7/02/12, 4:49 am

5 Answers from Attorneys

Global Legist Advocate & Legal Consultants

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Hello,

Yes, you can file an adultery case and produce the said emails. She is your wife and you have right to know every thing, specially when you doubt her for adultery.

Even in case of adultery you have to pay for the maintenance of the child or have to take his/her custody.(If, child is legitimate/If, child is yours)

If, adultery is not proved, then amount of maintenance etc. depends upon your financial situation.

Its, preferable to call both families, relatives and solve the issue amicably and pursue her for mutual divorce.

For any further enquiry please contact us.

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Answered on 7/02/12, 5:07 am

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