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Author Topic: Need legal opinion to save marriage and not to get divorce  (Read 1916 times)

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Offline Viju21092010

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Need legal opinion to save marriage and not to get divorce
« on: September 26, 2013, 03:54:39 AM »
- I am Hindu & My wife is muslim.
- She was married and having two girls and she was staying with her husbund. She was not having happy married life with her husband. We were working together and had friendly relation for more than year. In this duration i was helping her for her both girls all fees and needs by giving money. Than friendly relation got into affair and she was having extra marital affair with me for almost 3 year. In the mean time she got pregnant and then she done abortion because she was afraid if the child may get my blood group which is different then her and her husband.
- in 2007 she run away with me with both girls and later she got divorce from her previous husband. We both married under Special Marriage Act and we continued living together and i took all responsibility of both girls. But her father and mother started forcing me do NIKAH and convert to muslim religion. which i always opposed because i did not change her name nor her two girls name.
- In 2010, we had our own son. after having my son, when ever she go to her parents house for any arguments, her parents started dominating on me and telling me to give divorce, make settlement and they will not even allow me to see my son. in 2011 I came to singapore for job and she came to stay with me with my son. but we always used to have arguments on all she was forcing me for all the things her parents used to guide her. in 2012 she went back to india and i have rented house in bangalore and took care of all the responsibilities as husband and father to all 3 kids.
- later in 2012, I got in tough with singaporean girls who was working with me. We have gone for dinners and outside in week ends to malls in singapore as a good friend. She took photos with me on several occasions in mall, restaurants, or while travelling in bus, some including (Kissing and hugging) which was been normal for her. we never had sex. This friendly relation got over in early 2013 and now she is happily living her life with her boyfriend and we do not even talk with each other. - she has already changed the job so we never meet each other.
- Recently my wife found all the photos in my IPad in my Gmail account and she started asking me for divorce again. I tried to convince her so many times. even my parents also tried to convince her so many times. When ever i call her she used to fight with me on phone and tell me all the bad words. I am asking my wife to take some time and reconsider our relation and do not go for divorce. but her parents are forcing me and my family to sign papers otherwise they will kidnap me and they can do anything with help of their JAMAT.
I would like to know following things:
1. Can i stop my wife getting divorce from me?2. how can i save myself if she/her parents files adultery on me? because i am not sure if my kissing & hugging photos can prove adultery in the court? 3.if they file 498a on me and my family then what should i do? they not allowing me to see my son. please advice


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Re: Need legal opinion to save marriage and not to get divorce
« Reply #1 on: September 30, 2013, 12:54:24 AM »
Dear Sir,
          Your case is very sensitive as per your description. So, My advice is, instead of trying everything yourself, you should speak with a lawyer about your problem, he will help you better in this situation.

Let me know if you need some Experienced advice from Professional lawyer,  We will arrange some Professionals for you who can successfully negotiate with your

   for more query contact us

Offline Advokaterajiv

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Re: Need legal opinion to save marriage and not to get divorce
« Reply #2 on: November 27, 2013, 02:51:59 AM »
Dear Viju,

At the very outset I do acknowledge that your case is a little complicated. Lots of people involved. But, many people face similar situations. With people working in different cities and even countries, it is quite normal to have proximate relationships. But, you said that this Singaporean girl was only a girl-friend though you did have your share of fun, kissing and other stuff.. whatever the case may be, if you havenít been physical with her (in the obvious sense of the term) you are not guilty of adultery as the basic requisite for adultery is having intercourse with another woman.

According to a recent Supreme Court judgment, delivered by a bench of Justices K S Radhakrishnan and P C Ghose the mere fact that the husband has developed some intimacy with another, during the subsistence of marriage, and failed to discharge his marital obligations, as such would not amount to cruelty. So, the case under Section 498A of IPC is not made out.

Also, in this case in your words you have not indulged in adultery and your wife apparently is not in the possession of those alleged pictures, she cannot claim divorce on the grounds of adultery and as I have pointed out above, as per the Supreme Court even the case under 498A is not made out. Additionally, the fact that you have been providing for her residence and upbringing of two daughters from her earlier marriage would also go on to show to a great extent that there seems to be no inclination on your part to seek dowry, as is evident from your conduct.

The fact that she is not allowing you to see your son and she is also not willing to live with you is slightly troublesome, but this is something which can be solved with negotiation. As, they have nothing against you, and are merely issuing empty threats, you can make the things clear to your wife and her family and assure them that you want this marriage to work out and you are still faithful to her as you always were. I am sure they will see reason in that. With respect to the threat to your life, you should try talking to them and even after that you feel the threat is real, then you may have to take a strong decision and make provisions for your safety even if that amounts to approaching police  for the same.

Adv. Rajiv Malhotra


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