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Suhash   26 June 2015

Divorce after two months of marriage.

Hi I got married to a girl in May 2015, exactly after 8 days of marriage we decided to live seperate from each other. The reason behind this decision is her past relationship. She was in relationship for 5 years, she got pregnant and aborted at that time. This has hurted me very badly and it is not possible for me to accept, because before getting engaged I asked her whether she has any past relationship but she lied, before marriage I came to know that she talks to someone over phone even after engagement. But she denied of having physical relationship with him. But after marriage I was feeling ensecure and had fight with her and she accepted. Now its more than one month and I am not able to accept this froud. If she would have accepted her physical relationship before our marriage I would not marry her.

I came to know that we have to wait for one year for the divorce, Now she is at her home town, but that guy is her neighbour and I am not sure whether she can control her of meeting him again. Also I am afraid if she gets pregnant again from that guy. My parents are forcing me to accept her.

I don't want to ruin my life living with her, I'm also afraid of hurting her in depression.

 



Learning

 8 Replies

Tanu Yogendra Oza (Founder)     26 June 2015

You can get divorce only if you are living separetly for atleast for a year.

saravanan s (legal advisor)     26 June 2015

whatever that had happened before marriage wont count and if you can prove her infidelity after marriage then you can claim divorce on the grounds of adultery.to gather proofs just avail the services of private detective.as told by tanu you can file for divorce only after a year of marriage

Nitin (marketting manager)     27 June 2015

Hello Saravana Sir,

"whatever that had happened before marriage wont count"

 The above statement is true? suppose if the girl/Guy would have given birth and hid it during marriage,even then it will not be considered in the current situation, assume that the situation happened 15 years before his/Her marriage ,can he deny the kid?

Thanks,

Nitin

Suhash   27 June 2015

Mr. Saravnan Thank you for reply! Does law accepts the fraud? She lied me before getting married. I wouldn't have married her if she accepted it before. I need a solution for divorce. I cannot trust her anymore.

saravanan s (legal advisor)     27 June 2015

in such a situation as nitin had said if you have proofs that the child is born to her before marriage to someone else then the marriage can be annuled on grounds of fraud.if you could gather proofs for the abortion she did maybe you could stand a chance for annuling the marriage on grounds of fraud committed by her

Prashant Ghai (Advocate) (PrashantGhai.com)     28 June 2015

@Suhash : If you have not consummated the marriage (no s*x with wife), then you just may get your marriage annulled within 1 year.

 

Else, just wait out the 1st year and gather evidence against her. After 1 year, using the evidence as a tool, ask her to join you for a Mutual Consent Divorce, if she is not ready for it, then file a Contested Divorce Petition on the ground of Adultery based on the evidence collected by you.

Advocate/CS Sanjeev Kataria ( Advocate)     28 June 2015

rightly advised by mr ghai

 

Suhash   29 June 2015

Thank you Mr. Ghai,

She has agreed of having physical relationship and her pregnanacy which she didn't agreed before marriage. Her parents and my parents has taken in written from her on a 100 rupee stamp and notary. It is also mentioned that we are living seperate from the date of marriage, we both signed on that notary. Is this enough for annulment? I have a mobile phone and a sim card from which she continued to talk to that guy after engagement, I have a postpaid phone bill as well but it is 2 months old, she is still using it I gifted her that phone when our marriage was fixed. Now I checked with the bills and found that she talked using that phone for one month but when she came to know it is postpaid, then she used another phone to continue with that guy.


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