If there is a breach of
trust in the husband and wife, the life become fruitless, tense and the home
become hell, as you come to know the real situation that some other person is
making happy to your life partner and he/she is now not interested in your
life, worries and family. The emotional harassment is the result of this breach
as the victim become depressed for the acts of the accused.
Today, Smith (Fake Name)
came with a tense face, look like a poor person, attire like that as he was
robbed. He was thinking with the depressed manner as the loan of millions is on
him.
Came to my lawyer, said
that “My Wife is not faithful to me”.
Lawyer said “What happened?”
“She is talking to someone
and having affair with a guy living in her parental Village.”
“How do you know?”
“I talked to him”.
I and the lawyer was
disappointed as Smith talked to the person, who has affair with her wife and he
know this about 4 year ago and still can’t do anything.
And now he is ready to
file divorce and dissolve the marriage, as he is now unable to compromise with
this situation.
But, in India, divorce by
husband is not so easy, as the known assumption is that the law in India is
with wife. So, he has to file the divorce petition very carefully, as he shall
face the fine of maintenance to her wife, even she is committing breach of
trust.
Sure there are ways to dissolve
their marriage without any other fines or maintenance paid to wife:-
1. Make a Divorce deed, on which the signatures of the
wife be put that she is willing and ready to dissolve the marriage.
2. Collect proofs of her breach of trust like messages,
phone calls, photographs, recordings etc.
3. A prior Compromise can be used against her, if she has committed and mentioned her affair, even after she is not continuing her affair.
3. A prior Compromise can be used against her, if she has committed and mentioned her affair, even after she is not continuing her affair.
In Smith’s case, my lawyer
has created a divorce deed on which Smith will take her signatures.
So, let’s see what happens……
Section for Divorce: -------> http://indiankanoon.org/doc/1284729/
(If only one party want divorce)
Section for Divorce: -------> http://indiankanoon.org/doc/1284729/
(If only one party want divorce)