Husband and wife divorce matter


Hello sir 

I'm from uttarakhand. My sister has married last year in November. 

After 5 days of marriage, she found that her husband had already in a relationship with another woman. Even she called my sister and told all those things, all her calls are recorded at that time.

Her husband works in hotel outside India. And current in Delhi. His whole family is living in Delhi.

Our elders want to settle the dispute but everything is going waste.

I request you pls suggest me what to do.

1 . should we go for complain for doing fraud? If possible then what is the process?

2. One year is not completed of marriage, so divorce is not possible? 

She is living separate after she knew all this thing..

Pls sir , guide us what to do?

 

 
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Advocate Supreme Court of India

Your sister can file divorce on the ground of adultery,  no need to completion of 1 year.

 
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Can we fill FIR against him for the fraud he did? 

 

 
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OK sir

Thank u 

 
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Practising Advocate

What is the Husband"s intention  is he ready for divorce. If the Husband is interested you may  go for  mutual consent divorce.

FIR cannot be filed in your sisters case and moreover it is not easy to prove adultery. Mere allegation is not sufficient to prove the case of Adultery. You may not be successful if you file the divorce on the ground of adultery moreover it takes much time to get the divorce if the matter is contested by the Husband.

Mutual consent divorce is the best one and if the husband does not come forward you may try your better luck by filing the divorce on the available grounds.


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As he work outside India and threatening that he will leave India, in this matter what should we do?

Or police/court take his Visa till the divorce matter settle?

 
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Dy Director

no direct  offense is made out.  Keeping relation is no offence but hiding during matrimonial deals canbe termed as offence.

 

It will be better if divorce is applied.

 
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