• Divorce based on wrong marital status of wife in passport/visa

Dear all,

I got married in Dec-2015 and in one week after that I got to know that my wife is having affair. I caught her chatting with him 3 times and everytime we made peace as she promised that it won't happen next time. (I have all proofs of chats and other proofs too) Then after 2 months, when asked about some vulgar messages in her facebook, she beat me. From april 2016 she is staying at her parents' home. Most of the people had suggested us to wait for some time and not to file case as it takes more time to prove especially if you are male. Now they are asking for 30L for MCD. She had made her profile on 2-3 matrimonial sites where she has mentioned her status as "divorced" and not "awaiting for divorce". In between her family had threatened me and my family too.

We do not have our marriage registered. We were about to apply when she had left my home and went to her home. Now recently I got to know that she had gone to abroad and she has mentioned her status as "single" in passport as well as in visa. So can we do anything in legal in this? Can it be a ground for divorce?

Thanks in advance
Asked 7 years ago in Family Law
Religion: Hindu

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8 Answers

1) you can file for divorce on grounds of mental cruelty and adultery

2) wife having extra marital affair is guilty of adultery and not entitled to any maintenance

3) wife assaulting husband amounts to mental cruelty

4) gather evidence of wife extra marital affair

5) refuse to pay Rs 30 lakhs

6) complain to the passport office that wife has deliberately made false statement of oath that her status is single .

7) they would issue wife show cause notice

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

Dear Querist

you may file a divorce case based on cruelty u/s 13(1)(ia) of Hindu marriage Act-1955.

apart from the above you may file an application cum complaint before the passport officer who issued the passport to her regarding her wrong declaration and her passport can be impound and she may also be prosecuted for the offence of wrong/false declaration.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

1. yes, this is very much a ground for divorce.

2. her making of profile in matrimonial site is also a ground.

3 You Can also take the please of desertion and mental cruelty for divorce.

4.This marriage is surely not working and hence file a divorce petition after consulting with your lawyer.

All the best,

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1. In these circumstances you can file a petition for dissolution of marriage on the ground of cruelty. The social media communication between her and her paramour can be led in evidence to prove the accusations.

2. If she has gone abroad then summons will have to be served on her foreign address through embassy.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

You can go ahead wit the filing of divorce petition on the grounds of cruelty and desertion and in the pleadings you can mention about her adulterous life and all other cruel acts done by her.

Change of marital status is also one among the cruelty grounds.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

1) hacking of wife email account is an offence under IT Act

2) you have infringed on your wife privacy . Court would not take into account her chat history with her friend

3) wife status as divorced in matrimonial sites cna be considered by court

4) don't enter into any live in relationship with any lady . Be discreet

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1. yes

2.Yes

3.Yes

4.No unless you take divorce from your wife.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1. Nobody has any right over other to hack or intrude in their privacy for any reason.

2. The whatsapp evidence is not admissible in court as primary evidence.

3. No this cannot be considered as any proof to show her attitude.

4. Being in relationship with another person cannot be called as bigamy, hence that is a different subject to that of marital relationship.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

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