Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

user (user)     15 October 2013

My wife has illegal relation even after marriage

Dear Friends, I got married 6 months back and after spending 2 months of marriage I came to know that my wife has illegal relationship. She had a boyfriend in past and her affair is still continues with her boyfriend even after marriage.

This I came to know after reading her SMS/chats, FB conversations etc. In most of her SMS's with her boyfriend, she talks about that she loves him (her boyfriend),he is my real love etc and many other things that clearly proves that she is still in touch with him and very frequently goes out to meet him during my absence. She is very rude and adamant in nature and if I ask anything she just ignores and never tells the true.

After we came to know about all these, we left her to her parent’s house safely and told everything’s and showed the SMS/chats to her parents. But her parent’s reaction was as if they knew about all these well in advance (before her marriage and they concealed with us). We have all these SMSs and chats with us as well. I can’t and don’t live with her my whole life.

Will SMS/Chats, FB conversations will be sufficient to prove her characterless and work as evidence? How to tackle this situation and how easy it will be to get divorce and save my family from jail.

 

What would be the worst situation? Please suggest how I can get rid of her (get divorce).  



Learning

 8 Replies

ashoksrivastava (scientist)     15 October 2013

@ querist within six months of marriage you cannot file divorce petition .sms is acceptable as evidence, keepon collecting and preserving evidences. Have a frank discussion with her and see if you both can arrive at mutually acceptable solution.

regards ASHOK

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     15 October 2013

Spending time together is an essential of marriage for every husband and wife. But it is no secret that the pressures of daily life often steal time away from couples, leaving them few opportunities simply to talk and share their lives.So try to talk together with believe on each other. Let past is past.

Samir N (General Queries) (Business)     15 October 2013

I am not an advocate, but, here is my humble opinion:


First, forget about reconciliation. That is normally not the advice I give but in your case it warrants such an advice. Now electronic evidence is an evolving field and there are legal experts who specialize in this area. Advocates on this forum usually throw opinions without proper research. You need to preserve this evidence and to do so, you need an effective way to do so. For example, a printout, by itself, of email or FB communication, is basically useless. The communication itself can be erased and later denied. There are sophisticated methods and there are common-sensical approaches to preserving such evidence for future use.


First, as for email and social networking sites, save the entire page, as is in its full glory (usually you can do this in most browsers with a "Save as" option on right-click but there are other ways and even sites for doing so. I am not current on this topic though.). Have it done by some professional, meaning any ordinary computer guy who has a basic degree because you need to use him as an "expert witness."  He should  put the electronically saved folder of the content on a CD or pen-drive and write an affidavit at the same time to confirm its authenticity and retain another copy with him which he will produce during his testimony. Do it with two of three other persons just in case one person develops cold feet at the last minute. Then email this folder back to her and to others common friends so that you have more witnesses and other methods to back your claim.  


The more legally correct way would be to issue summons to the social networking site or email service provider and have them produce the communication in the form of an affidavit or some form of formal letter which you can use in your affidavit.


Right now... be smart and alert. Do not be frustrated. These kind of cheap women ought to be dumped with minimal damage. So, go in damage control. Do not let your profession be impacted. Keep collecting evidence. Do not show any signs of emotional distress. Act, feel and be without emotions like the Vulcan Spock in Star Trek!  When you have sufficient evidence, file for divorce. Do not file for RCR as it will take two years minimum. I am not sure about the time period limitation for filing divorce after marriage. Check that out.


Counter-attack. In the mean time, start to gather data on her brother, father, etc. Find out who their enemies are. Go and meet them. Find out the place of work of your in-laws. If they start harassing you, send legal notice to them at their place of work to the attention of their HR department.  Hit back hard on every move of theirs. Come up with every "cause of action" you can that you can serve legal notices on them. Show them that you mean business. Do not cow down. They will butcher you! Just send the message to them that you want divorce with minimal damage to both parties.


And be careful of advocates. Most of them are morons or idiots, usually both. Do not sign anything shoved before you at the last minute. Take at least a week to review and do not sign if you do not agree. Insist of additions, deletions or modifications that make you feel comfortable. 

GOOD LUCK!!!

Samir N (General Queries) (Business)     15 October 2013

Apart from some of the typos, what I meant by  "Do not file for RCR as it will take two years minimum."  is that if she does not join you after seeking RCR, divorce on desertion requires two year of separation. Also, it appears that she would come back if asked.   


(Guest)

 

@ Author,

 

1. Your marriage has been done on fraudulent basis so don't bow down on any threats or extortion as they know better that where they are wrong.

 

2. Collect all the veidences and proofs and verify according to the evidence act U/s 65B .

 

3. Never share all the orginal evidences and never hand it to any one except the time of final exhibition.

 

4. Your marriage has been done by supressing all these matterial facts which you have in your hnad right know,so you have a fit case of voidable marriage U/s12 ic

 

5. Just hire an extremely smart and versatile lawyer of your jurisdiction who could make your marriage annuled your marriage by decree of nullment u/s 12ic of voidable marriage. As the arguement will be on her past relationship been hided and these unacceptable relationship has been encountered after marraige. So,don't waste time because you have to file voidable marriage case within one year of finding of such matterial facts.

 

6. Never ever file RCR ..........You will be a looser and nothing else,make a note.

 

7. You have second option of 13ia after one year of marriage on mental cruelity if you have any difficulty in making your marriage as voidable,you can argue on the basis of her lie and wantedly denying all this relationship of her BF with you,which has caused you mental trauma on you. you can't tolerate such cruelity by her.(Here Iam mentioning mental cruelity ground instead of Adultery becz To prove adultery you have to show that she has been f.ucked by other than you by her BF which is not a cake walk to prove exact s*x evidence)

 

8. Dude,you have divorce decree in both hands.......so,it's your wish which one you choose.

 

9. The benefit to make you marriage voidable is ... you will be called as non-divorcee.

 

10. She will not get any maintenance or alimony once it made marriage as voidable or she has been proved an Adulterous wife.

 

 

regards.

Vijay Kumar Sethi (Advocate & Legal Consultant)     15 October 2013

The Hindu Marriage Act provides for divorce on the ground if after marriage other party had voluntary s*xual intercourse with any person other than spouse.  This appears to be a possibility in your case.  You may file suit for divorce under this ground.  SMS/net chats, whatever material you have, please keep them for evidence.  You are likely to get relief.  Vijay Kumar Sethi New Delhi, 09810501235

T. Kalaiselvan, Advocate (Advocate)     15 October 2013

User,

First thing how did you have her SMS,whether you were in possession of her mobile or did she use your mobile to send SMS to her boy friend?  How are you going to prove the authenticity of the SMS issue before court?, second thing social networking system called face book has got no authenticity and it cannot be taken as evidence even in the least possibility; further how did you get an access to her chats with her boy friend, what is proof that it was she who had chats with so and so?  Above all, the SMS. face book, chat are all oral and cannot be considered as an act of infidelity or adultery. If her parents admit that she had an illicit relationship with someone before her marriage and that she might be continuing her extra marital affairs with her boy friend, ask them  to convince her to sign papers for divorce on mutual consent and if either they or your wife is reluctant to do so, send her a legal notice asking her to return to the matrimonial fold and keep quiet for some time.  If she reacts the other way by getting provoked over your notice and then files a false case against you, with the help of your notice take a shield to protect yourself and your parents from harsh legal actions pursued by her thereon. These days due a sudden spurt of false dowry demand cases, the court is not showing sympathy to the female's case as a matter of routine hence I strongly believe you will not be harmed by her so soon. Have confidence.-Adv Kalaiselvan, Vellore, pH;+919443441062

A.VIVEK ADVOCATE (ADVOCATE)     23 October 2013

SIR YOU CAN FILE A DIVORCE  CASE  AGAINST YOUR WIFE 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register