• Legal advice on divorce

Im a government servant.i have completed 1.5 years of marriage. My wife and her parents lied at the time of marriage.that is they told she is doing job at the time of marriage. But as she did not. % of marks and the company everything are lies.And she stolen money from mu packet.And telling that the money is of her parents.when i ask her parents about these. They are saying lies are common in marriage.1000lies one marriage they are saying.is it true as per indian law.im not happy with her lieying nature and her behaviour.we have a son of 2 months.need advice for divorce.
Asked 2 years ago in Family Law from Hyderabad, Telangana
Religion: Hindu
Hi,  for the above reason I don't think court will grant divorce.

2. If you want divorce you have to make allegations of cruelty or any other ground and that allegations has to be prove before the court.

3. It is better settle the matter amicably in the interest of child.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1) if you were victim of fraud you should have filed for annulment of marriage within period of one year of marriage . 

2) in your case more than 18 months have passed since your marriage . 

3) you also have 2 month old baby . for the sake of young baby try to save your marriage . 

4) you can visit a marriage counsellor to save  your marriage . 

5) your wife can also start working working when child starts going to school . 

6) you can file for divorce by mutual consent if your wife is agreeable .

7) if your wife refuses to grant you divorce then you have long legal battle ahead . contested divorce take around 5 years to be disposed of
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
Hello,
1) The reason that your wife tells lies it's not sufficient to file for divorce.

2) Now that you have a two month old baby in her it becomes your liability to maintain the child and the mother.

3) Take your wife to a marriage counsellor. You both need to be counselled by a marriage counsellor. Provide your wife sufficiently so that she won't  have to pick your pocket. Keep aside in laws from your married life for a while.

4) Love your wife, life and your kid. The thought of divorce will melt away.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
1. It appears that both of you belong to different cultural background. One feels lying is normal and the other is getting disgusted with it,

2. If there are evidence that your consent for the marriage was availed by her father with out disclosing vital facts and giving false information, then you can apply for Annulment of the Marriage,

3. However, you should think repeatedly in this regard since the future of your 2 months old  innocent son is involved with your decision,

4. Moreover, you are not sure whether your next wife, if any, will be any better,

5. You are advised to visit marriage counselor together and settle the matter amicably.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
1. No. You were required to approach the Court for annulment of your marriage on the ground that your consent for the marriage was fraudulently availed by her father with out disclosing vital facts and giving false information, within one year of your coming to know about the said suppression of fact,

2. Now, your application will be barred by limitation.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
1) no you cannot apply for anullment of marriage after period of one year . 

2) section 12(2) of hindu marriage act provides that you cannot apply for annulment after period of 1 year of marriage or period of 1 year after fraud was discovered . after discovery of fraud you continued to live with your wife .hence you cannot apply for annulment now
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
1. There should be valid ground for your seeking decree of divorce,

2. Do you have any fresh ground for seeking the said divorce now?
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
Hi, ignorance of law is no excuse as  per section 12(2)  of Hindu Marriage Act clearly says that:- Notwithstanding anything contained in sub-section (1), no petition for annulling a marriage?
(a) on the ground specified in clause (c) of sub-section (1) shall be entertained if?
(i) the petition is presented more than one year after the force had ceased to operate or, as the case may be, the fraud had been discovered; or
(ii) the petitioner has, with his or her full consent, lived with the other party to the marriage as husband or wife after the force had ceased to operate or, as the case may be, the fraud had been discovered;
(b) on the ground specified in clause (d) of sub-section (1) shall be entertained unless the court is satisfied?
(i) that the petitioner was at the time of the marriage ignorant of the facts alleged;
(ii) that proceedings have been instituted in the case of a marriage solemnised before the commencement of this Act within one year of such commencement and in the case of marriages solemnised after such commencement within one year from the date of the marriage; and
(iii) that marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of the existence of  [the said ground].

From the above you can not file a petition for annulment of marriage but you can file a petition for divorce on the ground of cruelty or any other grounds.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1. Law has been enacted after considering all aspects of life,

2. The limitation period has been fixed with the view that if you have tolerated the suppression of fact from you for more than one year then it is considered that you have accepted it,

3. You can not be allowed unlimited time to file annulment petition which may be used by you as an weapon to be used at your suitable time,

4. You being a post graduate has already accepted the suppressed fact and expanded your family,

5. You can not file annulment petition now but can certainly file a divorce petition on acceptable grounds like cruelty.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
1. You missed the bus. You ought to have filed for nullity of your marriage within a year.

2. You cannot now file for annulment as you are past the time limit.  

3. If your wife agrees, you may file for mutual divorce to amicably end the marriage if you are unhappy with it.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
1. In the event that your wife refuses to be a party to mutual divorce you can unilaterally file for divorce on the grounds available to you. However, this would take longer than mutual divorce.

2. You may have had your own reasons to not to seek annulment of your marriage as your wife was pregnant, but the court will not accept a belated filing.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
As mentioned earlier, you can file for divorce if there is any ground on which you can seek divorce. Your query does not reveal any ground on which you can seek divorce.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
1. One who goes to court has to be on a sound legal footing. He should approach the court within the time mandated by the law. The courts do not get swayed by emotions. 

2. If you want to end the marriage which has made you unhappy then consult personally with a lawyer to dig the ground on which you can go to court.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
1) you can file for divorce on grounds of mental cruelty . 


2) please note that allegations made in divorce petition have to be proved by you . 

3) contact a local lawyer
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
1) section 12(2) has been enacted to enable person who is victim of fraud to apply for annullment .

2)in your case even though you became aware of the fraud perpetuated by your wife you remained silent for 18 months . 

3) also take note that if you file any petition your wife may file counter cases against you of dowry harassment or domestic violence . 

4) dont take any hasty decision considering fact that you have 2 month old baby
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
Hi, if she files a case then you have no option it is better contest the case on merits.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1) you are at liberty to contest domestic violence / 498A case filed against you . 

2) as mentioned earlier 80%of 498A cases are false and result in acquittal
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
You are free to contest every case she files.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
1. You can certainly contest Dowry Harassment and DV cases, if filed by her,

2. You have not yet mentioned whether she has filed those cases or not,

3. If she files FIR u/s 498A of IPC, you shall have to avail Anticipatory Bail first.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
Dear Querist
There is two type of divorce in India as per Hindu Law, Contested Divorce u/s 13 & Mutual Consent Divorce U/s 13B of Hindu Marriage Act-1955

the Family Court may grant divorce on any of the ground as mentioned in section 13 of Hindu Marriage Act-1955,
read the below mention section carefully

13 Divorce. ?
(1) Any marriage solemnised, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party?
16 [(i) has, after the solemnisation of the marriage, had voluntary sexual intercourse with any person other than his or her spouse; or]
16 [(ia) has, after the solemnisation of the marriage, treated the petitioner with cruelty; or]
16 [(ib) has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition; or]
(ii) has ceased to be a Hindu by conversion to another religion; or
17 [(iii) has been incurably of unsound mind, or has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent.
Explanation .?In this clause,?
(iv) has 18 [***] been suffering from a virulent and incurable form of leprosy; or
(v) has 18 [***] been suffering from venereal disease in a communicable form; or
(vi) has renounced the world by entering any religious order; or
(vi) has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of it, had that party been alive; 19 [***] 20 [ Explanation. ?In this sub-section, the expression ?desertion? means the desertion of the petitioner by the other party to the marriage without reasonable cause and without the consent or against the wish of such party, and includes the wilful neglect of the petitioner by the other party to the marriage, and its grammatical variations and cognate expressions shall be construed accordingly.] 21 [***]
22 [(1A) Either party to a marriage, whether solemnised before or after the commencement of this Act, may also present a petition for the dissolution of the marriage by a decree of divorce on the ground?
(i) that there has been no resumption of cohabitation as between the parties to the marriage for a period of 22 [one year] or upwards after the passing of a decree for judicial separation in a proceeding to which they were parties; or
(ii) that there has been no restitution of conjugal rights as between the parties to the marriage for a period of 22 [one year] or upwards after the passing of a decree for restitution of conjugal rights in a proceeding to which they were parties.]
(2) A wife may also present a petition for the dissolution of her marriage by a decree of divorce on the ground,?
(i) in the case of any marriage solemnised before the commencement of this Act, that the husband had married again before such commencement or that any other wife of the husband married before such commencement was alive at the time of the solemnisation of the marriage of the petitioner: Provided that in either case the other wife is alive at the time of the presentation of the petition; or
(ii) that the husband has, since the solemnisation of the marriage, been guilty of rape, sodomy or 23 [bestiality; or]
24 [(iii) that in a suit under section 18 of the Hindu Adoptions and Maintenance Act, 1956 (78 of 1956), or in a proceeding under section 125 of the Code of Criminal Procedure, 1973 (2 of 1974) [or under the corresponding section 488 of the Code of Criminal Procedure, 1898 (5 of 1898)], a decree or order, as the case may be, has been passed against the husband awarding maintenance to the wife notwithstanding that she was living apart and that since the passing of such decree or order, cohabitation between the parties has not been resumed for one year or upwards; or
25 [(iv) that her marriage (whether consummated or not) was solemnised before she attained the age of fifteen years and she has repudiated the marriage after attaining that age but before attaining the age of eighteen years.]
Explanation. ?This clause applies whether the marriage was solemnised before or after the commencement of the Marriage Laws (Amendment) Act, 1976 (68 of 1976)*.] State Amendment Uttar Pradesh: In its application to Hindus domiciled in Uttar Pradesh and also when either party to the marriage was not at the time of marriage a Hindu domiciled in Uttar Pradesh, in section 13?
(i) in sub-section (1), after clause (i) insert (and shall be deemed always to have been inserted) the following clause, namely:? ?(1a) has persistently or repeatedly treated the petitioner with such cruelty as to cause a reasonable apprehension in the mind of the petitioner that it will be harmful or injurious for the petitioner to live with the other party; or?, and ?(viii) has not resumed cohabitation after the passing of a decree for judicial separation against that party and?
(ii) for clause (viii) (since repealed in the principal Act) substitute (and shall be deemed to have been substituted) following clause, namely:?
[ Vide Uttar Pradesh Act 13 of 1962, sec. 2 (w.e.f. 7-11-1962)].
(i) Cruelty which is a ground for dissolution of marriage may be defined as wilful and unjustifiable conduct of such character as to cause danger to life, limb or health, bodily or mental, or as to give rise to a reasonable apprehension of such a danger. The question of mental cruelty has to be considered in the light of the norms of marital ties of the particular society, to which the parties belong, their social values, status, environment in which they live. Cruelty need not be physical. If from the conduct of the spouse it is established or an inference can be legitimately drawn that the treatment of the spouse is such that it causes apprehension in the mind of the other spouse, about his or her mental welfare then this conduct amounts to cruelty; Maya Devi v. Jagdish Prasad, AIR 2007 SC 1426.
(ii) Making false allegations against husband of having illicit relationship and extramarital affairs by wife in her written statement constitute mental cruelty of such nature that husband cannot be reasonably asked to live with wife. Husband is entitled to decree of divorce; Sadhana Srivastava v. Arvind Kumar Srivastava, AIR 2006 All 7.
(iii) The expression ?Cruelty? as envisaged under section 13 of the Act clearly admits in its ambit and scope such acts which may even cause mental agony to aggrieved party. Intention to be cruel is not an essential element of cruelty as envisaged under section 13 (1) (ia) of the Act. It is sufficient that if the cruelty is of such type that it becomes impossible for spouses to live together; Neelu Kohli v. Naveen Kohli, AIR 2004 All 1.
(iv) The levelling of false allegation by one spouse about the other having alleged illicit relations with different persons outside wedlock amounted to mental cruelty; Jai Dayal v. Shakuntala Devi, AIR 2004 Del 39.
Nadeem Qureshi
Advocate, New Delhi
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130 Consultations
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