• Divorce case

Its almost two months since i got married to a girl but after marriage she dont want stay with me as she was forced to marry me by her parents. She liked a guy before marriage but couldn't possible due to family insult. Now she want to stay separate from me . Her boyfriend misleading her to leave me. Can i lodge fir against her boyfriend for misleading my wife? Can i file for divorce? What if she filled dowry or anycase against me? What should i do?
Asked 2 years ago in Family Law
Religion: Hindu

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20 Answers

1)if girl was forced to marry you against her wishes ask her to file for anullment of marriage

2)only in exceptional circumstances can you file for divorce before expiry of one year of marriage

3) if wife is having an extra marital affair with her boy friend file case of adultery against him under section 497 of IPC

4) if wife files false dowry case apply for AB from sessions court

5) contest the dowry case

Ajay Sethi
Advocate, Mumbai
76940 Answers
4620 Consultations

5.0 on 5.0

Neither you, nor your wife can apply force divorce until your marriage is one year old.

Since this marriage was forced on your wife, she may file a case for nullity of this marriage and apply for its annulment. Case for annulment can be filed immediately unlike a divorce case.

Yes, you are free to institute a FIR against this man provided he has committed some offence.

Vibhanshu Srivastava
Advocate, New Delhi
9055 Answers
167 Consultations

5.0 on 5.0

if this guy has indulged in a criminal behaviour, you are free to file a case against him.

Vibhanshu Srivastava
Advocate, New Delhi
9055 Answers
167 Consultations

5.0 on 5.0

If she has decided to part ways, then, advisable to get separated as it will lead to misery. If you want to wreak vengeance, your life will ruin. Instead, think constructively and get separated by mutual consent. However, keep all records collected so that she doesn't demand alimony from you and lead a happy life with someone.

Rajaganapathy Ganesan
Advocate, Chennai
1748 Answers
8 Consultations

4.9 on 5.0

You may file adultery if there is any case as such instead of misleading your wife by boy friend which may have no effect.

You can file a divorce petition on cruelty ground after 1 year of your marriage. In case before that you need a permission from the court to file divorce petition.

Vimlesh Prasad Mishra
Advocate, Lucknow
6631 Answers
23 Consultations

4.9 on 5.0

1. It appears this marriage was not the outcome of free will and consent of your. Now if she is still involved with her boyfriend with no intention of coming back then you better separate your ways.

2. Since one year has not passed as yet mutual divorce is not possible. In that event you can file suit for nullity which can be decreed on consent of your wife.

3. For mere influence of her boyfriend to leave you no case lies against him.

4. If you want speedy amicable resolution don't chase that man.

Devajyoti Barman
Advocate, Kolkata
20769 Answers
296 Consultations

5.0 on 5.0

Talk to your wife on the subject in detail whether she wants to live with you or not. In case she is interested to live with that guy, take divorce by mutual consent.

For taking divorce by mutual consent, the husband and wife should have been living separate at least for one year. Assuming she is living separate for the last two months, you have to wait for 8 months to file the First Motion jointly and thereafter second motion after 6 months. But now the Hon'ble SC has passed the judgement that the petition for second motion can be filed after 15 days of passing first motion explaining the ground for waiving the period of 6 months.

It is better that firstly, the matter be discussed by your parents with their parents. See the outcome of the discussions. The decision regarding divorce should be taken keeping in view the future life. If she cannot live for 2 months how can one trust her for life. Mutual consent divorce is a wise decision in this scenario.

Dalip Singh
Advocate, New Delhi
740 Answers
12 Consultations

5.0 on 5.0

1. There is no provision law for prosecuting some one for misleading wife.

2. There is no section in IPC which can be put against her boy friend for misleading her even considering that she is immature and/or is not aware that marriage is a serious matter in life and by agreeing to marry you for whatever reason, it becomes her duty to comply with the marriage vow she has taken.

3. You can file a petition seeking annulment of your marriage immediately on the ground that your consent for the marriage was availed from you by suppressing the vital fact that she was not willing to marry you and marry her boy friend for which she wants to leave you and had this fact been made known to you, you would not have given consent for your marriage..

4. She can file any case against you for which collect evidence of the fact that she was and in relationship with her BF and wants to marry her leaving you and that she was forced to marry you against her wish for which she does not want to have any physical relationship with you. The said evidence can also be collected by audio/video recording her statements.

5. Lodge a police complaint well in advance alleging that she wants to leave you to marry her BF. this will protect you to some extent from the false 498A complaint if filed by her later on.

6. File the annulment petition immediately after collecting the evidence.

Krishna Kishore Ganguly
Advocate, Kolkata
24414 Answers
680 Consultations

5.0 on 5.0

1. You can seek justice from the Courts of law for which you can seek legal help.

2. It is not all that lawful to ask lawyers the ways to make someone, including the adversary, suffer.

3. You have been cheated by your wife and her family members by arranging her marriage with you by suppressing the said vital fact for which they should be punished as per law.

Krishna Kishore Ganguly
Advocate, Kolkata
24414 Answers
680 Consultations

5.0 on 5.0

Hello sir , you can file a criminal complaint of adultery agianst her boy-friend and lodge a FIR under section 497 IPC .. Once FIR is lodged , it will be a sting ground for you in obtaining divorce from your wife

Hemant Chaudhary
Advocate, Gurgaon
4563 Answers
39 Consultations

4.9 on 5.0

1) First you talk to her whether she wants to continue with this marriage or not otherwise you will not happy in future life just forcing to her to stay with you. If you file case in court for annulled it will get you and her, because marriage was soleminzed by parents wish and forcefully.

2) Or you can file complaint against that guy under Section 497, but only in adultery case it can be filed.

The Indian Penal Code, 1860

To understand the legal position of India with respect to the extra-marital affairs, it is important to understand the position of the Indian Penal Code, 1860 (IPC).

The IPC in the Section 497 states:

Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. In such case, the wife shall not be punishable as an abettor.

Therefore, if you are the husband, and your wife is having an extra marital affair, you can take no action against her under this section, or for that matter, any section of the IPC. Yes, this is what the law says, only a man can be punished for adultery.

Then what remedy are you entitled to? As evident from the aforementioned section, the only person who has a criminal liability in an act of adultery is the man who has had sexual intercourse with your wife, if he did so with the knowledge of her being married or had reason to believe that she is married.

3) Or you can take her to counselor one day and have talk regarding this, see what counselor guide you both after listening to you both, than take decision on point 2 of sec 497 of IPC.

Ganesh Kadam
Advocate, Pune
10682 Answers
94 Consultations

4.9 on 5.0

You need to file the criminal complaint or FIR against that boy at the nearest police station or magistrate for instigating your wife to do wrong steps.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

Firstly, you straight away file a case for divorce on the ground of adultery.

Secondly, along with this file criminal complain of adultery against that boy and he would be gone as he knows the fact of her being married to you.

Thirdly, if you happen to prove her adultery then you won’t have to pay alimony to her also...!

Sanjay Baniwal
Advocate, South Delhi
5333 Answers
13 Consultations

5.0 on 5.0

You can file case against guy for adultery. If your wife is not with you file a shit for restitution of conjugal rights and if you really want to file for divorce you need to wait for one year after marriage. If you both agree to get divorced by mutual consent chances of she filing dowry case against you will be less. Again as her parents don't like that guy chances of they support you will be more even if she files false dowry case

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

Dear Sir,

You are inviting complications by filing divorce petition and even such petition is not maintainable if you are unable to substantiate your allegations. The course open to you go for mutual divorce marry another girl safely. If this wife agree to live with you then file a complaint against that guy for the offence of enticing, which is defined as follows:

Section 498 in The Indian Penal Code

498. Enticing or taking away or detaining with criminal intent a married woman.—Whoever takes or entices away any woman who is and whom he knows or has reason to believe to be the wife of any other man, from that man, or from any person having the care of her on behalf of that man, with intent that she may have illicit intercourse with any person, or conceals or detains with that intent any such woman, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Kishan Dutt Kalaskar
Advocate, Bangalore
5522 Answers
193 Consultations

4.8 on 5.0

Even if you take legal action agaisnt the boy for disturbing your wife and interfering in your family life and creating nuisance etc, you cannot force your unwilling wife to stay with you and offer conjugal relationship.

If she has decided to stay separately from you, you may allow her to remain there away from you for another 6 months, she may realise the seriousness when you dont contact her or maintaining utter silence.

If she is not changing herself even after that you may decide about further legal action by first sending her legal notice advising her to rejoin you and return to the matrimonial fold, if she fails to comply or do not respond then you may decide about filing a petition to dissolve the marrige by a decree of divorce through a court of law.

Remember you cannot file a divorce case ion any ground within one year from the date of marriage, however she may file an annulment petition seeking to annul the marriage since it was solemnized against her willingness.

T Kalaiselvan
Advocate, Vellore
66937 Answers
884 Consultations

5.0 on 5.0

I just want that guy to suffer.

If you can gather evidence of their compromising positions then you may lodge a criminal complaint against him with the local police for the offences of adultery.

T Kalaiselvan
Advocate, Vellore
66937 Answers
884 Consultations

5.0 on 5.0

Hello,

You may lodge an FIR against the said person but at the same time bear in mind that this will not get your wife back to you.

Anilesh Tewari
Advocate, New Delhi
17790 Answers
296 Consultations

5.0 on 5.0

You may file a suit for judicial separation at this juncture.

You can not file a divorce case before 1 year of the marriage.

Regards

Anilesh Tewari
Advocate, New Delhi
17790 Answers
296 Consultations

5.0 on 5.0

The BEST SOLUTION IS TO GET mutually divorced. If she is willing to go with another boy then let her.

Enter into an agreement with her and make some voice recordings. After doing these things if she backs out then file for divorce.

Prateek Yadav
Advocate, New Delhi
5 Answers

4.6 on 5.0

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