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PAWAN KUMAR (SERVICE )     07 April 2026

Wife insisting for out of court settlement of 50 lacs for divorce

I married in January 2025, the behavior of my wife was not proper from first day itself and she was making all useless excuses whenever i tried getting close to her , just after 15 days she went to her father's home and returned after 8 months. I had my girl friend in past and she got our private photos and videos then she left my home and returned back to her father's home again and did not come back, yesterday she called me and said that i want divorce and you destroyed my life so i want 50 lacs one time settlement otherwise i will slap you with lots of cases and will show your naked videos to all your neighbor relative and in your office, being a conservative family i am afraid of my social humiliation , i found out with help of my friends that she is already having affair with a boy living near to her parental society i have been cheated. I told her to file legal divorce but she is insisting me for out of court mutual settlement. Now my question is can court give judgment just because i was in love with my Girl friend before marriage that too 3 years ago so can court give us divorce on basis of my relationship with my girl friend long before marriage and she got our private videos and photos. My wife goes already getting physical with her boy friend now . Will court grant her divorce if i do not want to divorce her and how much alimony i need to pay as she never wanted to live with me and we never had physical relationships after marriage . I am working in Govt department with salary 52000 and lady is jobless


 3 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     07 April 2026

 Divorce Grounds Past relationship before marriage: Courts do not grant divorce simply because you had a girlfriend before marriage. Pre‑marital relationships are not recognized as a legal ground for divorce unless they continue into marriage and amount to adultery.

Adultery: If your wife is in a relationship with another man during marriage, that can be a ground for divorce if proven. Cruelty / desertion: Her refusal to cohabit, leaving the matrimonial home, and threats of defamation or false cases may also be considered cruelty or desertion.

 Mutual vs. Contested Divorce Mutual consent divorce: Both parties agree, usually with a financial settlement. This is faster and less stressful but requires your consent.

Contested divorce: If you do not agree, she must prove grounds like cruelty, adultery, or desertion. The court will decide based on evidence.

 Alimony / Maintenance Since you earn ₹52,000 per month and she is unemployed, the court may consider maintenance. Factors include: Duration of marriage (very short in your case). Whether she contributed to household life. Her ability to earn. Your financial capacity. Courts rarely award huge lump sums like ₹50 lakhs in such short marriages unless the husband is extremely wealthy. More commonly, monthly maintenance or a reasonable one‑time settlement is ordered. 

 Threats & Privacy Threatening to release private photos/videos is illegal under IT laws and can amount to criminal intimidation and harassment. You can file a police complaint if she attempts to blackmail you. Courts take such threats seriously, and they can weaken her case.

 Practical Steps Consult a family lawyer immediately — they can guide you on whether to contest or negotiate. Do not succumb to blackmail — ₹50 lakhs is disproportionate given your income and the short marriage. Document everything — her calls, threats, and evidence of her affair. File for contested divorce if needed — citing cruelty and desertion. Protect your privacy — if she circulates private content, you can pursue criminal remedies.

T. Kalaiselvan, Advocate (Advocate)     07 April 2026

The premarital relationship with another person cannot be a ground for divorce, you can challenge her divorce case properly on merits if she files one, otherwise you refuse to budge to any kind of pressure from her side.

Tjhere is no necessity for you to pay the huge amount demanded by her, if she is not employed but not willing to return to the matrimonial fold then the court may not even consider granting any monthly maintenance to her or the alimony amount she demands now.

If she is filingfalse cases, the message what she has sent you may be secured to protect your future interests as well as to defend your case if she files one.

You can obtain anticipatory bail and challenge her false cases accordingly 

Dr. J C Vashista (Advocate )     08 April 2026

Pre-marital relationship is not a ground for divorce.

Since your marriage has not been consumated till date, as stated by you, it would be better to seek annulment of marriage, instead of divorce.

You may refuse to pay any amount as alimony, when your marriage is incomplete and not consumated.

It would be appropriate to consult and engage a local pruent lawyer for proper analyses of facts, professional advise and necessary proceeding.


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