Need divorce
Querist :
Anonymous
(Querist) 05 May 2018
This query is : Resolved
Hi Sir,
I get married with my cousin(daughter of My fathers younger sister ) on August 2104 after two months means in October I realized that she and my younger brother were in illegal relationship and I caught them on bed from that day onwards we were away from each other(this is 4th year). Both the families were met together and discussed and they requested me to accept her mistake as I was badly cheated by my own people I refused to live with her any more then they were decided and asked me to give the dowry back to them in 2017 October I too agreed for that but at that time my financial position was not good and I am unable to pay for them now I called them for settlement asked them to take money but they are asking to live with her again and refused to take money. But I cant leave with her as she is a cheater and I cant trust her anymore.. I want to take divorce legally from her please suggest me or provide me solution and the way of approach..
Thank you,
Lakshman
Guest
(Expert) 05 May 2018
Discuss with her in an amicable manner and convince her and file Mutual Consent Divorce which could be completed in 6 month or even prior to that as per Supreme Court's Directions.
Guest
(Expert) 05 May 2018
Yours is merely an allegation if you don't have any recorded proof, which may not be sufficient to get a divorce. Better take help of some local lawyer for practical line of action. Nothing can be done with any advice through the pages of LCI.
Kumar Doab
(Expert) 05 May 2018
Pls post with your ID and not as AQ you can get many replies.
Your ID does not mean your email id or phone number and don’t post these also.
Kumar Doab
(Expert) 05 May 2018
Mention the personal law that applies in your case e.g Hindu and on what irrefutable evidences you have on all points posted by you.
You may Mention the weblink of this thread..
Dr J C Vashista
(Expert) 06 May 2018
The marriage is void ab-initio being prohibited, consult a local prudent lawyer for better and proper appreciation of facts and guidance.
Asgher Mahdi
(Expert) 06 May 2018
Filed a bigamy case with authenticate documents against her if you are confident, thereafter its prove court will automatically dissolve your marriage.Bigamy is a crime can file criminal case too.
P. Venu 
(Expert) 06 May 2018
In my considered opinion, there is no offence of bigamy, but only that of adultery.
Adultery, if it could be proved would be a ground for getting divorce. However, given the persons involved, there is difficult decision to make. Act in your discretion.
So also, the marriage need not be void; it could be that the marriage has the sanction of custom in the community.
Given the facts involved, the author is justified in remaining anonymous. I trust the learned experts would be compassionate in understanding the predicament of the author.
T. Kalaiselvan, Advocate
(Expert) 07 May 2018
If you do not want to live with her anymore and do not want to continue the marital relationship with her, you may decide to snap the ties with her by filing a petition seeking dissolution of marriage through a decree of divorce by court of law on the grounds of mental cruelty (citing her adulterous activities as reason for mental cruelties) and desertion with non cohabitation for a period of more than two years.
But be prepared that she and her parents will make a platform ready to trouble and torture you with legal terrorism in the name of a criminal case for dowry harassment under section 498a IPC and sections 3 and 4 of DP act, besides seeking maintenance under section 125 cr.p.c. and also she may file DV case seeking protection, residence, maintenance and compensation etc.
The above said would result as a retaliation to your legal steps for divorce.
