Legal Question in Family Law in India
Need help
i refuse to give divorce sayinghe has married me and marriage is not a joke.Then he said that as my problem is that he has married me so i am not ready to give him divorce so he advice me to think that we never got married.We were in a live in relationship and marriage registration was an agreement before we started living togather.He said marriage is nothing what actually matters is bonding that we don't have.Inshort he said to think him as my livepartner and not husband and to think marriage registration as agreement before we started living togather.He said if i will think like this then i will not find it difficult to divorce him.I felt very insulted.Oneday in the car i told him that i will give him divorce as i met someone.Then he said that he will not give divorce.Then i said i did live togather.I meant to say you(my husband adviced me to think him as livein partner and marriage registrationas agreeement.So if its true then it doesn't matter whetehr he will give me divorce or notThough i didnot say this partHe recorded the part where i said i will givehim divorce and i did live togatherNowhe has filed or divorce on adultry and using that recordingIhavenot met anybodyand whatisaidout of anger.But he is misusing togetjustice?
2 Answers from Attorneys
Re: Need help
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Re: Need help
Depending upon how crafty his lawyer may be and the personal background and psyche of the Judge, this may be used as a ground for divorce.
However, you may need to include this incident as "emotional violence" committed against you, by way of a complaint to be made under the D.V.A.. You may file an application under DVA in the same very divorce proceedings.
During trial of divorce case, you may need to handle the issue properly bringing the incident within the parameters of 'sudden reaction' to what he said; and that the tape is NOT the entire conversation that had taken place between the two of you.
The burden to prove adultery will be on him; and this tape may not be sufficient evidence, sans any other corroborative evidence. He may also be required to provide details of the person with whom adultery is alleged.
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