Desmudhuru Aunty Estory -- Divorce...

[rapchik]

[color=#333333][font=Verdana, Geneva, sans-serif][size=3]HI ALL[/size][/font][/color]

[color=#333333][font=Verdana, Geneva, sans-serif][size=3]My brother married 3.5yrs back, and now has 2yrs old kid..[/size][/font][/color]

[color=#333333][font=Verdana, Geneva, sans-serif][size=3]She is 13yrs younger than him (They lied she's 19yrs, where in she was 16yrs @ time of marriage, [/size][/font][/color]
[color=#333333][font=Verdana, Geneva, sans-serif][size=3]also she looks like 20+ @ the time of marriage itself)...[/size][/font][/color]

[color=#333333][font=Verdana, Geneva, sans-serif][size=3]Al along marriage, she has been creating fights, and demands him for money, and when[/size][/font][/color]
[color=#333333][font=Verdana, Geneva, sans-serif][size=3]she needs money shes good, for week, and again she is back arguing and fighting with him..[/size][/font][/color]

[color=#333333][font=Verdana, Geneva, sans-serif][size=3]Everyday early morning when he goes office he has to drop her to her moms place, and she [/size][/font][/color]
[color=#333333][font=Verdana, Geneva, sans-serif][size=3]would come only evening n cook something, mornings and noon's she wont cook, he has to eat out.[/size][/font][/color]
[color=#333333][font=Verdana, Geneva, sans-serif][size=3]And when he questions, there is big argument, one time this became big, and his parents[/size][/font][/color]
[color=#333333][font=Verdana, Geneva, sans-serif][size=3]gave complain on my brother, that he drinks and comes and we demanded dowry and all..[/size][/font][/color]

[color=#333333][font=Verdana, Geneva, sans-serif][size=3]But when police interrogated couple separately Reshmi(his wife) confirmed he is not regular[/size][/font][/color]
[color=#333333][font=Verdana, Geneva, sans-serif][size=3]drunkard, and he did this only after big fights, and also she confirmed they have never given any cash or gold @ time of marriage, Police gave his parents nicely, and scolded them, if thy[/size][/font][/color]
[color=#333333][font=Verdana, Geneva, sans-serif][size=3]repeat this again, giving wrong complaints they will arrest them..(her parents)[/size][/font][/color]

[color=#333333][font=Verdana, Geneva, sans-serif][size=3]So bottom line, from 3.5yrs its been disturbed marriage.. [/size][/font][/color]

[color=#333333][font=Verdana, Geneva, sans-serif][size=3]After marriage, she stayed 1 month in my parents house, went to her moms for Ashada, and[/size][/font][/color]
[color=#333333][font=Verdana, Geneva, sans-serif][size=3]demanded to do new house, so my brother did new house and got her back, in spite of this [/size][/font][/color]
[color=#333333][font=Verdana, Geneva, sans-serif][size=3]she has never been good to him.. After an year, my parents constructed 3 storied building[/size][/font][/color]
[color=#333333][font=Verdana, Geneva, sans-serif][size=3]and let them stay in 1 floor n gave remaining for rent.. (My parents stay 5kms away in different house).[/size][/font][/color]
[color=#333333][font=Verdana, Geneva, sans-serif][size=3]So she has no claims against my parents....[/size][/font][/color]

[color=#333333][font=Verdana, Geneva, sans-serif][size=3]Now a week back, we got to know about her EXTRA MARITAL AFFAIR[/size][/font][/color]


[color=#333333][font=Verdana, Geneva, sans-serif][size=3]Week back, my brother got Anonymous call that, 'your wife is having affair, and i can prove it '...[/size][/font][/color]

[color=#333333][font=Verdana, Geneva, sans-serif][size=3]My parents n i suggested, ignore it, some people would do this , just to create issues..This mite not be true..[/size][/font][/color]

[color=#333333][font=Verdana, Geneva, sans-serif][size=3]Again he got call saying she has affair n that person can confirm, so this time, we decided to get her dialled/received call list.And we got list of 250sms per day n lots of calls dailed/received to common number, so he went home that night and confronted her saying, whose number is this, you have been calling so much, as soon he said number, she got scared and rite away fell on his feet saying shes been cheating on him, both were crying for long time it seems.[/size][/font][/color]

[color=#333333][font=Verdana, Geneva, sans-serif][size=3]After a while he came out and called us saying she agreed, that she is having affair, We suggested him to try to record it, so he went back home and asked her to accept what all she did, so she agreed that she had affair before marriage in 9th std, and she had slept with that lover in 9th std, and was caught by her relative and thats why they immediately did her marriage when she was 10th std(16yrs)[/size][/font][/color]

[color=#333333][font=Verdana, Geneva, sans-serif][size=3]And this was before marriage, after marriage she agreed she had affair with her moms neighbour, thats why [/size][/font][/color]
[color=#333333][font=Verdana, Geneva, sans-serif][size=3]she used to go there daily and she slept with him, when he mom was not @ home..[/size][/font][/color]

[color=#333333][font=Verdana, Geneva, sans-serif][size=3]After that she also confirmed, that, the guy who is calling my brother now is her moms neighbour guy, as she left him, and is having affair with her family friend...[/size][/font][/color]

[color=#333333][font=Verdana, Geneva, sans-serif][size=3]Apart from this, i have seen her once chatting smiling with some guy, when i asked she said its her relative. (My brother confirmed looks like hes not relative)[/size][/font][/color]

[color=#333333][font=Verdana, Geneva, sans-serif][size=3]My parents have caught her many times, chatting with auto drivers and dress shop owners[/size][/font][/color]
[color=#333333][font=Verdana, Geneva, sans-serif][size=3](where she buy dress regularly) Many cases seems shes flirting with all...[/size][/font][/color]

[color=#333333][font=Verdana, Geneva, sans-serif][size=3]Now we have recorded all this when she herself was telling my brother(my brother was successful in getting this info by saying, its ok its all done, for kids sake now i will forgive, but lets tell wht all happened to my parents, so they will forgive and we can start fresh, SO i am guessing she accepted all, though she knows its being recorded..[/size][/font][/color]

[color=#333333][font=Verdana, Geneva, sans-serif][size=3]And more point here is there are lots of rumours among relatives about her mothers character also, so we now want to get out of this mess and want to apply divorce.. here are my questions..[/size][/font][/color]

[color=#333333][font=Verdana, Geneva, sans-serif][size=3]1. How easy is this kind of divorce with only Her voice accepting her cheating..[/size][/font][/color]

[color=#333333][font=Verdana, Geneva, sans-serif][size=3]2. She would get kids custody right ??[/size][/font][/color]

[color=#333333][font=Verdana, Geneva, sans-serif][size=3]3. Do we have to pay for kid ??[/size][/font][/color]


[color=#333333][font=Verdana, Geneva, sans-serif][size=3]Now we also once do DNA to confirm if kid is my brothers, any idea how much dna test cost ??? Any idea how many years would this divorce case prolong... [/size][/font][/color]

[color=#333333][font=Verdana, Geneva, sans-serif][size=3]WE are meeting a lawyer today, but want to know your Inputs too.... How to handle this...[/size][/font][/color]

[color=#333333][font=Verdana, Geneva, sans-serif][size=3]Currently she is staying in my brothers place, plan is to give complaint then escort her to her parents place.[/size][/font][/color]

[tom bhayya]

[img]http://www.desigifs.com/sites/default/files/brahmam_style4_0.gif?1290369034[/img]

[rapchik]

Cont...of story ......


[color=#333333][font=Verdana, Geneva, sans-serif][size=3]She already did this suicide drama today, noon he went home for lunch, saw her[/size][/font][/color]
[color=#333333][font=Verdana, Geneva, sans-serif][size=3]hanging saree to neck(but not to fan) n sitting n crying...[/size][/font][/color]

[color=#333333][font=Verdana, Geneva, sans-serif][size=3]My parents have gone 2 police station and today we are planning 2 give complaint[/size][/font][/color]
[color=#333333][font=Verdana, Geneva, sans-serif][size=3]and send her off to her parents..[/size][/font][/color]

[color=#333333][font=Verdana, Geneva, sans-serif][size=3]True, they can turn case saying , we pressured her to tell her affair stories, also thy can [/size][/font][/color]
[color=#333333][font=Verdana, Geneva, sans-serif][size=3]proove its not her voice, anything can hppn, we are trying for more proofs lets c...[/size][/font][/color]

[color=#333333][font=Verdana, Geneva, sans-serif][size=3]Praying to god, tht my bro gets out of this mess soon...[/size][/font][/color]

[tom bhayya]

[quote name='ReddyGaru' timestamp='1352916569' post='1302795598']
Cont...of story ......


[color=#333333][font=Verdana, Geneva, sans-serif][size=3]She already did this suicide drama today, noon he went home for lunch, saw her[/size][/font][/color]
[color=#333333][font=Verdana, Geneva, sans-serif][size=3]hanging saree to neck(but not to fan) n sitting n crying...[/size][/font][/color]

[color=#333333][font=Verdana, Geneva, sans-serif][size=3]My parents have gone 2 police station and today we are planning 2 give complaint[/size][/font][/color]
[color=#333333][font=Verdana, Geneva, sans-serif][size=3]and send her off to her parents..[/size][/font][/color]

[color=#333333][font=Verdana, Geneva, sans-serif][size=3]True, they can turn case saying , we pressured her to tell her affair stories, also thy can [/size][/font][/color]
[color=#333333][font=Verdana, Geneva, sans-serif][size=3]proove its not her voice, anything can hppn, we are trying for more proofs lets c...[/size][/font][/color]

[color=#333333][font=Verdana, Geneva, sans-serif][size=3]Praying to god, tht my bro gets out of this mess soon...[/size][/font][/color]
[/quote]
divorce ichi pani chusuko kunda vella investigation endhi saami.. akkadey edho doubt kotting..

[maheshbabuy]

[rapchik]

[quote name='Alexander' timestamp='1352916744' post='1302795615']
divorce ichi pani chusuko kunda vella investigation endhi saami.. akkadey edho doubt kotting..
[/quote]
epudu mana ada sangalau agavu kadha....oka case pilodi midha padadhi ante...inka vadi life bus stand andhuke ani precaution chusthunaru,,

[biscuitRAJA000]

may be aa ammayini policelu interrogate cheste nijalu bayatapadacchu ani anukuntunna

[rapchik]

[quote name='biscuitRAJA' timestamp='1352917247' post='1302795661']
may be aa ammayini policelu interrogate cheste nijalu bayatapadacchu ani anukuntunna
[/quote]
oksari chesi warning kuda icharu...esari chesthe anthe sangathalu 16 yrs ki marriage thapu...affair chesinaduku malla thapu...ella chala ney unayi

[biscuitRAJA000]

[quote name='ReddyGaru' timestamp='1352917365' post='1302795672']
oksari chesi warning kuda icharu...esari chesthe anthe sangathalu 16 yrs ki marriage thapu...affair chesinaduku malla thapu...ella chala ney unayi
[/quote]
adi correct aaa.lekapothe aa ammayitho tho affair pettukunna vaditho nijam cheppinchali

[rapchik]

[quote name='biscuitRAJA' timestamp='1352917819' post='1302795716']
adi correct aaa.lekapothe aa ammayitho tho affair pettukunna vaditho nijam cheppinchali
[/quote]
evadu opukuntadu vayya naku dhanitho affair undhi ani...addi carrer dheba kotadhi kadha....nenu cheyale antadu...[img]http://lh5.ggpht.com/_ou6eB2GOxjI/THZ0wCJmXlI/AAAAAAAAAsM/YTCxI4xt84s/0_s.gif[/img]

[AbhiStock]

divorce ki avanni choopinchalsina avasaram ledu anukunta..... just ishtam ledu anthey... application vallaku pampisthey saripothundi gantha ney... nijangaa ee madya ammaylu ento.. ma inti daggara kooda oka pori undi.. aa pilla 9th nundey dukanam start cheysindi... asalu enduku alaa cheysthundo ardam kadu... evadu padithey vaadu chivariki iron samanlu ammey vadu kooda debbeysadu antey ardam cheysukondi entha varaku vellindoo... evvadu try cheysina velthaney untadi oka sari mind wash cheysa but leabam ledu

[gundugadu]

westernise avuthundnukunte

veeelu mareee valani datesela vunnarugaaaaaaa

[hambantota]

[quote name='KATREVALLY' timestamp='1352918134' post='1302795757']
divorce ki avanni choopinchalsina avasaram ledu anukunta..... just ishtam ledu anthey... application vallaku pampisthey saripothundi gantha ney... nijangaa ee madya ammaylu ento.. ma inti daggara kooda oka pori undi.. aa pilla 9th nundey dukanam start cheysindi... asalu enduku alaa cheysthundo ardam kadu... evadu padithey vaadu chivariki iron samanlu ammey vadu kooda debbeysadu antey ardam cheysukondi entha varaku vellindoo... evvadu try cheysina velthaney untadi oka sari mind wash cheysa but leabam ledu
[/quote]


India lo inni daarunaalu jarugutunnaya bhayya ...

inka manam pelli ela cheskovaalo, endo ....

[Terminator II]

[quote name='KATREVALLY' timestamp='1352918134' post='1302795757']
divorce ki avanni choopinchalsina avasaram ledu anukunta..... just ishtam ledu anthey... application vallaku pampisthey saripothundi gantha ney... nijangaa ee madya ammaylu ento.. ma inti daggara kooda oka pori undi.. aa pilla 9th nundey dukanam start cheysindi... asalu enduku alaa cheysthundo ardam kadu... evadu padithey vaadu chivariki iron samanlu ammey vadu kooda debbeysadu antey ardam cheysukondi entha varaku vellindoo... evvadu try cheysina velthaney untadi oka sari mind wash cheysa but leabam ledu
[/quote]

[naksha]

[b]Adulterer as Co-respondent[/b]
As a general rule, the pleadings of allegations of adultery must be specific and distinct. The particulars not only about the person with whom the adultery was being practiced but also about the place and time at which such adultery was committed should be given. (Dr. Dwaraka Bai vs. Nainan Mathew) Mere suspicion, hunch that the spouse has an extra-marital affair with someone is not sufficient. Law necessitates that all the adulterers who are known must be joined as co-respondents and must be named with specific allegations. They must be joined as necessary parties to the suit or the suit may fail on the ground of technical default of non-joinder of necessary parties. This is so because the Court watches over the interests of the Petitioner and the Respondent as well as the persons who are named as adulterers.

[b]Standard of Proof[/b]
The charge of adultery requires strict proof. While the courts acknowledge that adultery by its very nature is generally a secret act where direct evidence is almost impossible. Madras High Court in the above cited case has observed that "It is unreasonable to expect direct evidence regarding such an act like adultery. It will be almost always committed behind closed doors and without witnesses. So, circumstantial evidence is all that can be normally forthcoming regarding adultery. The circumstantial evidence thus produced must however be convincing to the court which should be left in no reasonable doubt regarding the fact of adultery." The Orissa High Court endorses this view of the Madras High Court by stating "To prove factum of adultery direct evidence is not necessary, it can be proved by oral documentary of circumstantial evidence from which the Court can draw inference beyond reasonable doubt that the opposite party had adulterous relationship with the third person."

[b]Onus of Proof[/b]
As the law presumes innocence till the guilt is proved the party alleging adultery must bear the burden of proving the charge. The charge of adultery, in absence of any direct evidence, can be generally proved by producing presumptive evidence like; (a) circumstantial evidence; ( evidence of non-access and birth of children; (c) contracting venereal diseases and (d) confessions and admissions. Calcutta (now Kolkata) High Court has opined that as 'character assassination is very easy to make but very difficult to prove; the courts, therefore, must ask for strong circumstantial evidence as well as independent corroboration having regard to the facts and circumstances of the case.

[b]Corresponding Sections of the Indian Penal Code[/b]
Adultery is an offence under section 497 of the Indian Penal Code. However offence under this section can be lodged by the lawful husband of the female against the man who has adulterous relationship with her. The penal law differentiates adultery and rape on the basis of consent to relationship. When the spouse involved in such adulterous relationship also marries the adulterer then it amounts to offence of bigamy under section 494 of the Indian Penal Code. Under the criminal law the degree of proof required to prove both these offences is much more strict then just reasonable doubt and probability.
[url=""][/url]Jai Vaidya
Leading advocate at the Mumbai High Court