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VFor context I’m asking on behalf of my mother. My mother is a homemaker and my brother and I are college students. My father is an alcoholic who is unbearable to be around when drunk. He has never physically abused my mother, brother or me, but he gets too drunk way too often, leaving the rest of us to deal with the repercussions like unnecessarily shouting at and picking fights with us as well as embarrassing behaviour in public. I should also mention that he has provided financially in terms of education, food and basic needs like that. However every time we need to ask him to pay for something it takes ten rounds of discussion and arguments before he ever agrees. On the other hand I have seen him pay off bills worth Rs. 8,000+ at random bars when he’s drinking with mere acquaintances, hundreds of times (not an exaggeration).
Recently my mother and I discovered that he is hiding an affair. My mother confronted him once after overhearing a conversation with his mistress, and he denied it vehemently and has started deleting any trace of contact with that woman. However, I have managed to get a couple screenshots of their chat in which there are messages from that woman which indicate that there is something beyond friendship going on. Note that he has deleted all his messages so the only messages visible are from her end (and one “This message was deleted” from his end). I also have a screenshot of a singular payment of a few thousand bucks to her from my father.
My mother was kind enough to ask for just a mutual divorce but my father denied it saying that he is not in a financial position to do so. Now after confirming this affair my mother obviously does not want to continue in this marriage and wants to file for divorce anyway. I need help to know if the evidence mentioned above will hold any weight in court and if my mother has a solid case against my father or not. Thanks.
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MThe evidence needed will need to be substantiated better – by an investigator. Doesnt stop your mother from seeking a divorce. Realising the divorce will still take time.
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VBut once it’s filed then what’s to stop my father from laying low so that no further evidence can be found?
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DHi. I’m. Delhi based lawyer. Allegations are always hard to prove in such cases. And every little evidence adds up to evince the grounds on the basis of being divorce is being sought. So while what you have may be alright if there is nothing else, see if you can get more evidence, to strengthen your case.
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P1. Your mother can file for a Contested divorce on the grounds of cruelty and adultery. She can seek maintenance to sustain herself. If you & your brother are below 18, can ask for maintenance, the need for evidence in matrimonial cases is not very strict. But whatever you have save it. Whatever you can, keep collecting it. [https://divorcebylaw.com/best-contested-divorce-lawyers-in-bangalore/](https://divorcebylaw.com/best-contested-divorce-lawyers-in-bangalore/)
2. Even if there is no physical violence, it does amount to domestic violence/ cruelty. If he is not agreeing for divorce easily through contested case, she cam also file a Domestic Violence case. [https://divorcebylaw.com/domestic-violence-lawyer-in-bangalore-india/](https://divorcebylaw.com/domestic-violence-lawyer-in-bangalore-india/)
For further clarification consult us [https://g.co/kgs/E2hEa9f](https://g.co/kgs/E2hEa9f)
**Disclaimer:** In the absence of all the facts of the case, the comments given may not be the best solution for your case. One on one consultation with a legal counsel/ advocate is advised to get better guidance.
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