I have come across many cases like this. At times, despite our best efforts, life takes a turn for the worst. We may have wanted different things from life, but life’s got its own plan as well. A bad marriage is something which nobody hopes for, but at times, that’s exactly what we are given and forced to face head on. Marriages are hard. Divorces…even harder. Nobody enters a marriage thinking about a divorce in the end. If some are unable to cope with the harsh realities of marriage, the only viable option in front of them is to approach the Court and seek legal separation by way of mutual consent divorce.
If you do not agree with the settlement money and mutual divorce then there can be severe consequences. You wife can file domestic violence case, 498a case(mental cruelty by husband) and many other severe cases.
Please understand that to prove that you have had a extramarital affair she needs strong evidences.
She can use the following evidences to prove that you are guilty for adulterous act and extramarital affair-
1. Birth of an illegitimate child.
2. Contraction of a venereal disease by the unfaithful spouse.
3. Witnesses, photographs and videos (solely for the purpose of evidence, without violating any law of the land at the time being) of the commission of the extra marital affair
4. Evidence of visit(s) to a brothel
5. Confession of the spouse of committing adultery
6. Whatsapp messages or email exchanges that come to your knowledge or possession
7. Paternity test report of a child, etc
Since it is very hard to obtain direct evidence in a case pertaining to an extra marital affair, circumstantial evidence is sufficient.
So as a class A central government officer if you think and believe that she may have all the evidences you should agree on the mutual terms as mutual divorce does not take much time to settle. Concrete advice can be given if you opt for phone consultation.
At last I just want to say that divorce isn't such a tragedy. A tragedy is staying in an unhappy marriage
SHRI GOPAL VERMA
ADVOCATE ON RECORD
SUPREME COURT OF INDIA