Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

David (na)     16 November 2009

Annulment or Divorce

Please can you guide me:

 
I found email evidence that my wife had s*x with another man prior to marriage and 7 days after marriage she had written an email to this man saying that he should focus on his business so that once it is well established both of them can run away. We have been married for 2.5 years and although I accidently came across this history I found that until now phone conversations are still going on. In the email they call each other and consider each other husband and wife.
 
I now realised why she used to continuously fight with me throughout the 2.5 years.
 
Do I have grounds to nullify the marriage, given that since the start of the marriage her plan was to wait for the opportunity to run away with her ex-lover. (who is also married and has children) and until now she is still telling her ex lover that she knows that they are going to end up together.
 
The marriage was in India.


Learning

 10 Replies

Sanjeev Kuchhal (Publishers)     16 November 2009

Adultery is one of the grounds for divorce. Mere stray or single lapse on the part of the wife is not sufficient but it should be a continuous course of adulterous conduct.

 

Suchitra. S (Advocate)     16 November 2009

Sir, I agree with sanjeev ji regarding ground of adultry for divorce. But  you cannot nullify your marriage now. Divorce is the only remedy if you decide to get rid of her.

Kiran Kumar (Lawyer)     16 November 2009

well u may talk to her for ending the marriage, if she is not agreeing then u ll ve to prove the adultery as my Sanjeev said.

 

go for divorce then if such is the circumstance....in my opinion this adultreous act does amount to mental cruelty as well.

rachna agarwal (advocate)     16 November 2009

You can get divorce from your wife.because divorce is a best way for you.if you filed complaint adultery .you can't prove it.

                                                                                                                Rachna Agarwal

                                                                                                                  Advocate

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     18 November 2009

 

 

First talk to her and then u can nullify ur marriage coz it is void marriage as per law. but u have to prove it with solid grounds and u should aware about that guy also.

Regards

Suchitra. S (Advocate)     18 November 2009

With due respect, Kamal ji I am doubtful whether he can ask for nullification of marriage u/s 11 of HMA.  It doesnt suit any of the conditions under the section. He can only get divorce on the ground of cruelty as advised by KIran ji.

Sanjeev Kuchhal (Publishers)     18 November 2009

Mr David, you have written in ur msg that "The marriage was in India."

Are you staying somewhere abroad and if yes then where do you be filing the divorce proceedings?

David (na)     21 November 2009

Dear Rachna Agarwal,

You said that I can't proove it. Please can you explain why I can not prove it. Does the court not accept email as proof?

Thank you,

david

David (na)     21 November 2009

Dear Sanjeev Kuchhal,

Yes we got married in india and moved to dubai.

Thank you,

Sukhija (Advocate)     03 December 2009

marriage cannot be annulled in ur case but u can definitely go for divorce on the grounds of cruelty, adultery. u have to contest the proceedings to prove ur case. Therefore it is advisable to talk to ur wife n seek divorce on mutual consent to save time, money and moreover mental peace.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register