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subhnandan (business man)     10 February 2018

divorce

I have married on 29.11.17 but my wife is not keeping physical relationship with me from forth night. after that when I asked her she is silent and I informed this matter to her parent's
now they are not coming and settled This matter.after some days I doubt on her and hacked her mobile and then i know that she chatting love affair topic on whatsapp with another man who is school staff of her school he also a married man when i asked about this to her she is Silent then I decided to hand over to her police after handover to police Police make note a Station diary. now i have all the what's up and call Detail print evidence. now I want to divorce to her and what is the process plz tell me .if i file divorce can she also file dowry case on my family bcoz we r joint family .plz help me.


 8 Replies

TGK REDDI   10 February 2018

Whether or not the photo is of your family you can apply for divorce.     But your statement that your wife denied s*x with you is, as Miss ( Mrs? )  Kamakshi so beautifully put it, against the photo.      Anyway you can get divoce and she's not entitled to either Maintenance or Alimony.       But the children are.    If the photo is of your family.

TGK REDDI   10 February 2018


(Guest)
Filing for divorce and running around courts is an arduous task. Try to take MCD. Yes she can file 498a DVC and 125. You'll spend next 10 years around courts.

vinay_2431 (engineer)     13 February 2018

Hello Ramesh Singh,

    2) Sexual intercourse before marriage is not a ground for divorce in exceptional circumstances.


        Sir, Your Above point is not completely Understood, can you please elaborate on the Exceptional Circumstances?? is it like having Kids before marriage?? can you please elaborate???


Read more at: https://www.lawyersclubindia.com/forum/divorce-159560.asp#reply

TGK REDDI   13 February 2018

This's a very good subject.      Section 497 of the Indian Penal Code doesn't define adultery.     It shows the person guilty of adultery.

What's, then, adultery?      One or both must have been married.       If an unmarried male and an unmarried female commit intercourse it's not adultery.    If force is involved it's rape.     But, barbarically, force by female is not recognised by law.      Force by female is, in practice, a trillion times as strong as the force that can be exerted by male.      What's more, 99% of females use force whereas 1% of males use force.

But only male is punished.     Female is never.     Rape by men only is recognised by not only law but also dictionaries.     What's the use if TGK Reddi only recognises rape by women?       He's a voice in the wilderness.

In this case he is also married.    So it's a ground for divorce.

Had he been an unmarried man, the pre marital s*x wouldn't have been adultery and is not a ground for divorce.

If there're kids because of s*x between unmarried mates, is it a ground for divorce?      According to law, this shouldn't be ground for divorce.      This's a problem of maintenance,  in my poor opinion.

Adv Radhika Mehta (Advocate)     13 February 2018

You can file for nullifying the marriage on the ground of fraud and misrepresentation.  

TGK REDDI   13 February 2018

Fraud and Misrepresentation are no ground for annulment of marriage.

Adv Radhika Mehta (Advocate)     13 February 2018

Kindly read Section 12 (c) of the Hindu Marriage Act. 


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