• Possible matrimonial fraud

I got married 1 year ago. We are both from same town in Rajasthan and we were staying in Pune (where I work). After few days of marriage my wife started complaining that she is not happy and is not liking being married. She would get upset every other day and say that she got married at early age (20), her life is ruined, she wants to go back to her parent's place and she won't come back. Me and my family tried our best to keep her happy, but she won't talk much and sit alone most of the time. She would also make false complaints to her parents about how we treat her, and ask them to come and take her home. Once, she also sent me a message saying she was not interested in this marriage from the beginning and how she was forced by her parents. (I have the message with me)
On Diwali we went back to our town. Where her parents called my dad and made clear that my wife is not coming back and they won't do any of our cultural After Marriage Diwali Rituals.
After Diwali my wife and her family started discrediting me in society by making various claim about my character such as: I was already married, I have affair etc. (I have a call recording this)
Recently they have also tried to file a case against us regarding Dowry. Buy they stopped when we presented that message and the call recording we had.
Now they want to patch up. But looking at what they have done and how they are behaving, I feel it's some sort of trap. I was being passive so far, but now I want divorce as I have completely lost trust and do not want to take any risk. What should I do?
Thanks.
Asked 6 years ago in Family Law
Religion: Hindu

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15 Answers

File for divorce on grounds of mental cruelty

2) wife accusing husband of having extra marital affair amounts to mental cruelty

3) wife abusing husband amounts to mental cruelty

4) contact a local lawyer

Ajay Sethi
Advocate, Mumbai
94523 Answers
7486 Consultations

5.0 on 5.0

Sir based on above facts file a divorce on ground of mental cruelty under section 13 hindu marriage act. All the acquisitions and her behaviour amounts to mental cruelty.

Also before filing you can ask her if she agrees for mutual divorce than it is a fast procedure and there won't be any false cases from her side which she can file in contested divorce.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

File a case for divorce on the ground of mental cruelty that has happened to you.

As I also think that this might be trap for you all to grab some king of evidences, so that they can now file any false cases.

Sanjay Baniwal
Advocate, South Delhi
5473 Answers
13 Consultations

5.0 on 5.0

1. You have three alternatives as under.

a. you can submit the recording of her which stated that she was not interested in the said marriage and was forced in to the said marriage and file a petition for annulment of marriage on the ground that vital information (i.e. her disagreement to marry you) was suppressed from you while availing your consent for the marriage and had the said fact been made known to you, you would not have agreed to marry her.This will take 1 to 2 years to be disposed off and in that case you shall be treated as unmarried.

b. negotiate with her and jointty file a mutual consent divorce petition on agreed terms which will be decided with in 6 & 1/2 months from the date of its filing.

c. file a divorce suit on the ground of cruelty against her which will take 2 to 4 years to be disposed off.

2. You might be right in apprehending that their patch up proposal is for diluting your evidence against her cruel acts (if you patch up it will be considered as you have pardoned her such improper acts) and she might be attempting to collect evidence of your any untoward act on her by audio/video recording your such conversations which will be used by her appropriately as a future date.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

Please file for divorce under ground of cruelty under Section 13(1)a of Hindu marriage act. Since you have recordings where she has stated that you are characterless having relationship with other girl you can easily get divorce and also that she's not interested in relationship. You can use the recordings as evidence. Filing for divorce may save You from future harassment that may be done by your in-laws.

Courts have held that making false baseless accusations against other spouse of adultery amounts to cruelty.

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

5.0 on 5.0

It is apparent that your wife is not have faith in the marriage. In this situation you can take divorce under section 13 of the Hindu Marriage Act because your wife his psychologically not in condition to perform her part in marital life. Performance of duties and responsibility of the parties are necessary for the good marital relationship. If one party is adamant to end the relationship because she is not happy with this relationship then the other party is entitled to get divorce on the basis of incompatibility of partners. According to Section 5 of the Hindu Marriage Act consent and willingness to perform the marital relationship is necessary for a valid marriage. In your case your wife is not ready to perform her part then you are entitled to get divorce and divorce is the last resort.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

A happy marriage is a harbour in the tempest of life an unhappy marriage a tempest in the harbour of life, more and more people are realising the reality of their relationships, and accepting divorce as the rational choice to a better life necessary premised on better relationships.

In your case better file a divorce petition under the ground cruelty.Divorce by Mutual Consent is the easiest way to get a divorce, in this both parties work out their terms on which they agree to part ways- file petition in the court, which is finalised in 6 months. However there may be cases where the decision to part may not be a mutual one, and it is only one party who considers the union to be troublesome and worth getting rid off. Such situations lead to Divorce being contested. So try for mutual divorce.

Contact a local lawyer.

Ajay N S
Advocate, Ernakulam
4072 Answers
110 Consultations

5.0 on 5.0

Respected sir ...

In these types of circumstances you just have to decide First weather you want to spent your life with her or want to stil alone ..Sir weather any chances there For settlement and any chances to spent a happy married life...Sir it all upto your mind and family descion what you and they want ...If you want to be with her then try and give your best to solve everything forgot little mistake of past ..And if you want to still single you must have to file a petition under section 13-A of HMA seeking divorce decree from court...Rest all upto you ...You have to decide First ...

Thank you

Dinesh Sharawat
Advocate, Delhi
1263 Answers
12 Consultations

4.9 on 5.0

Dear client,

By engage a lawyer File is Divorce petition on the ground cruelty.

Hemadri Chandrakanth
Advocate, Vijayawada
98 Answers
10 Consultations

4.0 on 5.0

The trama you suffered is really painfully but if things may settle down it will be good for both the family as the cases are going to give you problems till the decision of the court.

And in case if you can not forgive her just file a divorce case on cruelty and non compatibility ground

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

These are my following suggestions:

1. You should file for divorce by engaging a lawyer;

2. Since you got married in Rajasthan, the court there will have jurisdiction. But if you permanently residing in Pune, then the court in Pune will have jurisdiction;

3. You will need to collect all evidences, including marriage certificate, wedding card, photos, the messages, the call records, the fake cases made etc;

4. The whole process will take around 2 years. So consult a local lawyer before moving ahead with the case.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Dear Client,

On the basis of above facts, false allegation, character assignation, filling false case which later dropped due to evidence available to (message and the call recording, sufficient ground for filling divorce.

Otherwise, possibility is once u take her back home, than she paste false charges of fresh violence.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

If your marriage is more than one year old and you dont see any possibility to resume a happy married life, then you may decide about getting your marriage dissolved by a decree of divorce through a court of law.

As a retaliation, she may attempt to lodge false criminal cases against you, hence you may have to be vigilant about that angle also.

T Kalaiselvan
Advocate, Vellore
84722 Answers
2172 Consultations

5.0 on 5.0

Apply for a divorce under section 13 1 (a) of the Hindu Marriage Act.

Contest the above divorce case on the ground of cruelty.

The fact that she's abandoned and deserted you, and has no interest in this marriage; gives you sufficient room to seek divorce from her.

Vibhanshu Srivastava
Advocate, Lucknow
9588 Answers
303 Consultations

5.0 on 5.0

Hi,

You are suggested to take precautions because there may be some trap. You take all precautions for saving yourself. It may in form of messages, letters, emails etc.

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

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