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LifeisHell (private)     08 May 2018

Wife continuing affair after marriage

My friend got married 4 months back. It was an arranged marriage.

His wife's behaviour raised his suspicion. Without letting her know, he found out that his wife was in a serious relationship with a guy since 4 years before this marriage. About 2 years back from this marriage , she told her parents that she wanted to marry this guy but her parents didn't allow it.

She made her parents believe that respecting their decision ,she has ended her relationship and she is no longer in any sort of contacts with that guy.

But my friend has now found out that she never ended her relationship and continued it without letting her parents find it out.

So she continued it till the marriage and is still continuing it after the marriage as well.

My friend just doesn't want to continue with this marriage and feels cheated. He feels that if she was still in a relationship with this guy she should have told him before marriage and not married him . It simply doesn't make sense to remain married to someone who was and still is in love with another person.

2 weeks back , he told her parents about it and has left her at her parents home.

I understand he can't file for divorce for one year, so what options does he have now instead of suffering in this marriage ?



Learning

 11 Replies


(Guest)

You wait for another 6 months, bang her on the side till 6 months are over, then file for divorce with all proofs of her adultery.  Maker her party 1, maker her lover party 2.

Collect address, photos of that man.  Collect evidence of her adultery with this man by hiring good detective.  You have 6 months time.  Call recordings, video recordings, screenshots, whatsappe messages etc all can be used in court.  Once you have all proofs ready give notice and then wait 30 days and file divorce.

Kumar Doab (FIN)     08 May 2018

Approach your own very able senior LOCAL counsel of unshakable repute and integrity specializing in Family matters and having successful track record ….. and worth his/her salt …and discuss in person and even with seasoned PIP to draft as per facts of the matter and proceed in best of your interest.. ….and show all the evidences and understand if these are indeed irrefutable and sufficient for divorce on grounds of adultery and concealment etc ..

Your counsel shall explain what is what in adultery in detail and in person..

Avoid running to court empty handed..

Court shall decide to end the wedlock if presiding officer is convinced.

LifeisHell (private)     08 May 2018

1) He told her parents about it 2 weeks back and she is with her parents now, so no chance of gathering any more proofs.

2) She has met this guy after marriage but my friend found about this later . So couldn't get enough proof to allege adultery.


He has simply lost all his trust with this girl and just can't live with her any longer.

Does he still have any option ?

Kumar Doab (FIN)     08 May 2018

Now you are giving an impression that your friend deserted the spouse..

Your friend and spouse would know what evidences each has..

Discuss in person with your LOCAL counsels and become properly informed..

LifeisHell (private)     08 May 2018

@Ramoji Kumar

You mean to say he can file after 6 months.

@Kumar Doab

It's been 2 weeks since they have been living separately. Would this amount to desertion ?

@ Adv Kamakshi

He will have to wait for mutual divorce. Isn't it ?

What options does he have right now ?

Kumar Doab (FIN)     08 May 2018

No …

The impressions on intention to desert are expressed by you…

Central Government Act

Section 13 in The Hindu Marriage Act, 1955

13 Divorce. —

https://indiankanoon.org/doc/1284729/

 

Proving IT may rest on petitioner..

Discuss in person with your LOCAL counsels with whatever instances and inputs you have and become properly informed..

LifeisHell (private)     09 May 2018

So how should he handle this now. He obviously can't live with her as that bond of trust has been lost forever .

R Trivedi (advocate.dma@gmail.com)     09 May 2018

Don't jump the gun. Let her parents approach you, or you speak to them first. Don't get into any ill advised adultery case etc. Legal aspect will come once you speak to her parents and find out whether they support her or you. Any stunt, however justified, by you and they would file DV case against you.

LifeisHell (private)     10 May 2018

@R Trivedi

Her Parents have already spoken to him and want him to forgive her and take her back. But she has shown no regrets for what she had been doing. Going by her behaviour, he knows , she is never going to change.

So , he simply doesn't want to stay in this marriage and suffer every day very well knowing that she will never change.

By the way, alleging adultery has been completely ruled out by him. But he does want to get out of this as early as possible .

 

LifeisHell (private)     11 May 2018

Is there any other option other than waiting for an year ?

LifeisHell (private)     14 May 2018

After first page , ignore all the rest of the pages as that is all spam.

So posting it here again.

@R Trivedi Her Parents have already spoken to him and want him to forgive her and take her back. But she has shown no regrets for what she had been doing. Going by her behaviour, he knows , she is never going to change. So , he simply doesn't want to stay in this marriage and suffer every day very well knowing that she will never change. By the way, alleging adultery has been completely ruled out by him. But he does want to get out of this as early as possible .
 
What are the options available in this case ?

 

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