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AJAY SINGH (XYZ)     31 December 2013

Wife involved in adultery

Hi All,

Me and my wife's family belong to aligarh.

I was married in May last year. After 3 months I came to know that my wife is suffering from PCOD, due to which we had a dispute as the fact was hidden from us before marriage. However, I somehow handled the situation, and took her with me to Delhi as I am staying here at and working in a Govt Dept.

Recently, as my wife's behaviour was weird, I installed a Call recorder in her mobile, from which I came to know that she has been involved in multiple affairs before marriage(Atleast 6 i know) with whom she was involved physically, and one of them is her real brother. This even continued after marriage with 3 of them, which is evident from the recordings i have heard with one of her Ex.

 

Now my questions are:

(i) Can i apply for annulment of marriage based on fact that she hid about her affairs with atleast 6 men.

(ii) If not, and if I apply for divorce, will the call recordings will be sufficient to prove that she is involved in adultery. Call records are in original form in her mobile itself. Also, can I apply for divorce before 1 year of marriage and I think this kind of act should come in exceptional cases. As a normal person can not have such illicit relationships.

(iii) What is the procedure to apply for divorce before 1 year. and how should I proceed further.

 



Learning

 1 Replies

T. Kalaiselvan, Advocate (Advocate)     31 December 2013

Now my questions are:

(i) Can i apply for annulment of marriage based on fact that she hid about her affairs with atleast 6 men.

Annulment of marriage u/s 12 will not be maintainable instead a divorce petition seeking dissolution of marriage u/s 13 of HMA on the grounds of Aultery and cruelty may be filed.

 

(ii) If not, and if I apply for divorce, will the call recordings will be sufficient to prove that she is involved in adultery. Call records are in original form in her mobile itself. Also, can I apply for divorce before 1 year of marriage and I think this kind of act should come in exceptional cases. As a normal person can not have such illicit relationships.

It is generally difficult to adduce direct evidence to prove adultery but circumstantial evidence may be sufficient to prove that your wife is leading an adulterous life. It is not necessary that there should be direct evidence of adultery as it is not easily available.  It is rare that the parties will be caught in acts of adultery.  Circumstantial evidence must, however, be sufficiently strong and conclusive.

(iii) What is the procedure to apply for divorce before 1 year. and how should I proceed further.

A petition u/s 14 of the act to be filed first.

 


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