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ks83_Prakash (HR)     10 April 2012

Divorce options

Hello All,

My relative has got married (under the Hindu marriage act) for 3 months

His wife gave some false information of before marriage and now he
came to know that she was having a s*xual relationship with another
person before marriage
He also doubts that she is still in contact with that person

He has some proof like E mail, mobile phone recording, etc

He feels betrayed and not able to accept her even after making some
efforts and they think it will be good for both to go our seperate ways.

a. How should he safely go for a divorce considering a fact that her
family may go to any extent to give us some trouble like charges of
dowry demand or anything even worse? he don't want to put parents into any trouble. Is there
any legal way to write to police in advance about our intentions or
something we can do to avoid any hassles. Please suggest any
precautionary measures he should take before declaring our separation.

b. What is Mutual Consent Divorce, what are the conditions to file for
divorce in this case (like time limit to stay away , etc)

c.His wife is qualified - MSC and PG and she is 27 yrs old and not
working. What amount (or range) can he expect to be claimed by his
wife on separation.

What are conditions on which the Alimony amount is decided

d. What is no - fault divorce and what are the conditions to be followed?

e. If he plans to go for contested divorce - Under what category he
would be able to apply for

f. What is Nullity /Annulment of marriage , can he go for it in this case

What if in contested divorce - Wife refuses from the allegations of
s*xual relation, how he can go ahead in that case

g. What are the other options available for Men to file for divorce

Thanks and Regards,



 1 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     10 April 2012

Dear Querist, 

 

a) You do not have a ground for nullity - unless she made a very specific representation before marriage that she was a VIRGIN - and in that case too - the courts won't readily give you nullity. 

b) Petition for divorce on the grounds of cruelty is available, though as a counter-blast dowry cases may be filed, there are a lot of things that you can do, as pre-emptive action - to protect yourself from false implication - the first is by informatories/intimations to the concerned authorities replete with all necessary safeguards laid over the years by courts across India as well as Police Authorities.

c) As regards Maintenance if she is well educated and able bodied - the amount would be greatly mitigated. Can't tell you a ball park figure - a lot of factors play into this. 

d) Mutual Consent is the thing to go in for when both parties agree to part ways - live seperalty (physically or even in the same house but not as husband and wife) for a year - then present first motion - after 6 months - another second motion, and the divorce is granted.

I hope you've found my responses helpful. Feel free to talk!


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