Legal Question in Family Law in India

Subject: Divorce - wife cheating on me

Message: Respected Sir,

We got married in 1992. She has been cheating on me since 1996. He is currently working in the USA. I had doubt since then. Six months ago I got hold of some e-mails from her e-mail account written to that fellow in 2004. I have forwarded these e-mails to my e-mail account. The content of the e-mails clearly prove that she has been having affair. Her telephone bills also prove her calls to that fellow. From her actions I could understand that he was in town from mid of Dec 2010 to mid Jan11. She has been with him most part of the day on most of the days / sleeping with him during this time.

She delivered two boys (10 yrs and 6 yrs). Not sure if I have fathered them. But I love them a lot. My money is kept as fixed deposits in her name and also i have purchased gold ornaments. This is all with my money. I own a flat in which we stay and it is in my name.

1) I do not wish to be related to her any more i.e., divorce. Will the e-mails and telephone calls be sufficient to prove and support my claim for divorce. Can she contest this. If so, will the court give its ruling in my favour. Will the court be kind enough to instruct police to investigate and prove further.

2) If the court ruling is in my favor will I need to pay her maintenance? I am unemployed since June 10. She is not working since 2006. Earlier she did work but not continuously.

3) Because the e-mails and telephone calls prove that she is having an affair outside the marriage while she is married to me, will i get to have the custody of the children forever. Can she be asked to support me but without having to get a chance to meet them anytime in future. She can be a very bad influence on the children.

4) If one of them or both of them (children) are not fathered by me, then also, will I be able to have the custody of the them with the same condition as given in point 3 above.

5) If she is given the custody. What will the scenario then?

6) Before filing for the divorce if i try to take the fixed deposits into my name she will not agree. She will not buy any story on this count. How do I secure my money. While filing for divorce can I request the court to restrain her from using my money (deposits or gold)

7) How soon will the divorce case be settled.

8) How much would it cost me for the legal case. If the court rules in my favour is there a chance of getting the amount from her.

9) Can I file case against him or make him a part of the case cause as much damage as possible to him

10) I do not want to part with any of my hard earned money.

Please help me. I am distraught. I am living in a hell. I am worried about those two small children. But cannot stand see her in front of me in my house or anywhere.

1 Answer from Attorneys

Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in India

Looking for something else?