• Want a divorce

Hello,

I got married on 6 Feb 2015 and after few days i came to know about my wife affair before marriage. Due to that i get totally disturbed. and decided to get separate from her. I leave her at her parents home on 25 may 2015. So it is almost 2 years of period as we both are separated. We don't have any baby. I have been separated from my wife since 2 years and want to get separate from her. I am waiting for her from last 2 years to give me divorce by mutual understanding. But she is refusing to give me divorce. and she wants to comeback at home. But in any condition i want divorce from her.

What should i do ? 
Please give me suggestions
Asked 8 years ago in Family Law
Religion: Hindu

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4 Answers

1) your wife affairs before marriage are immaterial

2) you would not be granted divorce merely because your wife had affair before marriage

3) your divorce petition would be dismissed

4) better consult a marriage counsellor to resolve your differnces

Ajay Sethi
Advocate, Mumbai
99980 Answers
8162 Consultations

1.In what age are you living? I wonder which sane person would abandon his wife only because of her past affair.

2. Wake up from slumber of your archaic thought and bring your wife back. She surely would not deserve this from you.

3.You may not like my comments but considering decades of experience from matrimonial disputes getting a good wine is more important than a person who dis not have past affair.

4. there is no guarantee that next time when you get a " fresh' life partner your life would be a happier.

Devajyoti Barman
Advocate, Kolkata
23659 Answers
538 Consultations

1. there is almost two years of desertion so ground of divorce is arised.

2. if you have to prove that she is being in relationship with another person you can get divorce on the ground of unchestity and you no longer be liable to pay alimony.

3. our ground of divorce is based upon guilt theory so if a party is found guilty other party seek remedy irrelevant with the fact that guilty party is reluctant.

4. you should file divorce case.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

You can file divorce case agaisnt her on the grounds of mental cruelty and desertion.

The pleadings for mental cruelty can be her extra marital affairs with her boy friend even after marriage, do not mention that she had affairs in the pre-marriage period alone.

This will weaken your case because affairs with a person before marriage is not a ground for divorce until she had a child out of that affairs.

You do not have to wait for her to give mutual consent divorce, you can file a contested divorce case by yourself.

T Kalaiselvan
Advocate, Vellore
90182 Answers
2506 Consultations

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