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pawan   04 July 2016

Help in case of divorce

Respected Members,

I need suggestion from all you experts. 

 I got married in Dec 2015 with Sneha, Marriage was arranged. After around 30-35 Days in Jan-2016, I Came to know that Sneha (Wife) has already got married with another Boy in around 2013 without the concent of her family. The marriage was happened in court. And they also enjoyed the Married life for around 3 months somewhere in another city. After all this Sneha Realised that she has done a big mistake or something else and came back to her own family. And the family members also forgive for her mistake. and according to her they had also taken a Divorce from the Court.

 When I asked from her, she told me all this which I already Explained above.

But nobody of my family and me was aware about her first marriage before my marriage. But me and My father also accepted her and forgave Sneha after hearing all this what she has done before. And after that it goes on smoothly for around 3-4 months. 

But from last 2 months her nature has totally changed toward me and my family. Everytime whenever I or my mother try to say something about any thing or any work to do, she has a new type of explanation and she tends towards the high tempered and Say all time the same thing " I Will Die" . I will Jump from the Roof etc. even if I come late from my office. 

Now my family is totally scared of this thing if she do anything wrong with her. what will happen to us. 

I want to take divorce from her because now she is totally spoiling my life and my family by this behaviour. What should I do if I want to file a Divorce case against her. But I Dont have any Proofs of her first marriage. 

And if I file a case what she can do against me. 

Please explain all the procedures.



Learning

 4 Replies

Sandhya Srinivas (Advocate & Legal consultant)     04 July 2016

First and foremost lodge a police complaint transpiring in detail about your wife's suicidal tendency before jurisdictional police station and recieve NCR.

You can search for her first marriage documents in court, if you are aware about year of filing and parties name. 

As you stated 2013 the year of her First marriage, with the help of an Advocate you can search for court papers and orders. 

You can file a Divorce petition on ground of Cruelty. You can produce the said police complaint and NCR as documents in your divorce petition.

She can file petition to rejoin you and also entitled to file maintenace petition.

Vibha   04 July 2016

  1. Past divorce must have record in a family court. You should find the jurisdiction and try to obtain documentary evidence of past divorce.
  2. It is possible to take legal action against wife for securing consent for marriage by withholding material information about previous marriage and divorce.
  3. If she threatens suicide, you can make complaint in police about the same.
  4. Consult a local lawyer and discuss these options.
  5. Divorce is a major life decision. It will have serious impact on all aspects of your life for several years. It is also advisable to engage a professional marriage counsellor before finalizing such decision. 

A walk alone (-)     04 July 2016

If she is living with you then you can now also gather evidence like you can make a audio or video recording when she threaten you suicide. First start collecting gathering evidence. You should also lodge a police complaint transpiring in detail about your wife's suicidal tendency before jurisdictional police station . Once you gather evidence you can file divorce and can easily get it with the help of these evidence.

JustAdvisor (IT)     05 July 2016

what has changed in the last two months that she is behaving this way? try to find out. as far as her earlier divorce is concerned, you have already condoned that - so no issues on that front.

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