1. You go ahead and file a suit for annulment of Marriage and not for divorce. In order to file a divorce you will have to wait for one year.

2. Yes you can file a case of cheating and fraud against her family but I would not advise you to do the same and would advise you to go ahead and file a suit for annulment and part ways.

3. If she wants, then yes she can file the case.

4. If the Marriage has been registered and you know the registrar Office where the marriage was registered then you may approach the Office and procure the copy of the same.

Regards

1. You cannot file for divorce until one year of marriage has been completed except in case of exceptional circumstances. But if you are able to procure your wife previous marriage certificate then you can file for annulment of marriage.

2. You cannot take any action for cheating and fraud against the girl and her family for not disclosing the past relationships as they are not a ground for divorce, nor such non-disclosure amount to fraud, as per law but if you are able to prove by way of the previous marriage certificate, then you got a good criminal case against them.

3. She can file domestic violence and dowry case against you as time is not the essence insuch cases.

4. As you already hired detective, you can seek his services to procure the said marriage certificate or you approach the registrar office, where only the parties to the marriage can obtain certified copies, which you can take the help of the ex boyfriend.

Regards.

Firslty, there is no condition to have to be separated for any period for getting divorce.

Secondly, actually the relationship was prior to the marriage, and people may not say everthing about the past.

Thirdly, if they have relation after marriage also then you can go for divorce on the ground of adultery.

Fourhtly, yes she may file it as when you are filling such other cases against her then she may also repeat the same though the credibility may go less as she would be filing after the divorce one if al these happens in the same sequence.

1) there is no evidence of previous marriage

2) does her boy friend have wedding photographs , wedding invitation card about their marriage

3)if the boy friend does does not have the photographs etc he is just trying to extort money from girl

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

5) file for divorce on expiry of one year of marriage

6) wife can file DV and dowry harassment case against you

7) dont take any hasty decision .

8) if wife was married earlier and registered deatils can be obtained from marriage registrar office

1. If after your marriage your wife has not revived that relationship and remained loyal to all along then I would advise you bury the past and move ahead in life. The past if not repeated must not be digged and even if digged it is better to be covered at once. In that circumstances I can not advise you to file divorce suit.

2. Since it is a past incident no cheating has happened and hence no such case will lie.

3. Do not complicate the situation. if the marriage is otherwise bed of roses then forget this chapter and concentrate on present.

4 You better talk to your wife and settle your grievance amicably. Do note there is no guarantee of a happier marriage on second time if this marriage breaks down.

Dear Sir,

My answers are as follows:

1. If I file a divorce will it need both to live separate for at least one year even just one month of marriage has completed ?

Ans: Yes, you can get immediate divorce without insisting for judicial separation. The matter involves here in this case is that of character of the wife and you have sufficient evidence. Court cannot insist to reside separately for one more year. It is a case of cheating and you can claim annulment of marriage.

2. Can we take any action on my wife and family for cheating with us. We only have her boyfriend recordings and fotos of them ?

Ans: You can take action both civil and criminal against all the parties concerned since your reputation and dignity in the society has been lowered.

3. Can she file dowry or domestic violence against me in just one month of living together.

Ans: You will get divorce without alimony and her above cases if any file will have to be challenged before High Court and investigation there on will be stayed immediately on the ground of immoral history of your wife.

4. If really they had married how can we get the marriage certificate from the court.

Ans: You can approach the concerned court/sub registrar office through advocate and search for such marriage certificate can get it. The law is as follows:

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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.

Dear Client,

First File FIR of threat against the BF, if they were married , police will recover the certificate and once it is proved that she was married, your marriage automatically will be null and void, no need to apply for court decree.

Under exceptional circumstances divorce can be filed with in one year of marriage.

Case of cheating will be more strong if proof of previous marriage available.

Yes,

Apply under RTI if any such record available.

Dear Concern,

Please take note of the following -

1. First among all, no person can remarry someone else during the lifetime of his partner. So if your wife is already married to her boyfriend in the year 2013 then your marriage is null and void and you do not need to take divorce rather you should move an application for the nullification of your marriage under Hindu Marriage Act.

Please remember your application for the nullification of marriage shall come within a year from the date of marriage. So better ask the boyfriend/ husband to prove his marriage so that you may move before the court on the basis of those evidence or else presume that your wife's lover is trying to break your marriage and since he is madly in love with her so he is convincing you to leave her either by hook or crook.

2. Based on the pictures and proof which he has brought up in your knowledge if you are of the faith that your wife is a characterless lady and is double dating you besides already being in relationship with her boyfriend then you can go for judicial separation as of now and then later on convert the same into Divorce (once your marriage completes one year). However if you can differentiate her past with her present then you should not get convinced with her boyfriend. Nowadays, almost all have a past and if someone is truthful to you at present then he or she shall not be punished for his or her past. Besides this, unless you have solid proof of extra-marital relationship at present you can't get divorced from her wife because even court do not take such things into consideration which has happened in his or her past.

3. If you are of the view that there are lots of lies in your marriage and you may fall into trouble in coming future because of the same then you should definitely move before the court for nullification of marriage (if there are proofs available of her marriage), for judicial separation (at this point of time as your marriage is yet to complete a year and you have no proof of her being already married) and then for divorce after the completion of a year. If you get Judicial Separation in a year then you will get divorce in next two months. But if you will wait for the completion for a year to get divorce directly then your divorce case will take at least two years.

All in all I would suggest you to think wisely and to be on guard. This is case of compassionate love and there is a possibility that your wife and in-laws are lying but simultaneously there are also possibilities that the boyfriend/husband is lying. Cross check the facts on your own. Appointing a detective is a good idea.

As far as recordings and photos are concerned then they can be generated by way of software and it may be possible that those are real but remember those are the things of past so you need to verify facts in present which will help you to determine what to do with your marriage.

To answer your question as to whether she can bring a case against you or not, then the answer is yes. You need to contest them and have to prove otherwise. None can stop anyone from bringing false case against anyone. All you can do is to contest it and get it cancelled with heavy penalty in your favour.

My best wishes for your future.

hello,

if your wife was previously married and did not divorce her boyfriend cum husband, her second marriage with you is null and void. the marriage does not exist at all in the eyes of the law.

therefore, you cannot file any case against you as she is not married to in the first place.

you can file a criminal case against your wife.

there is no need of a divorce as the law does not consider it as a valid marriage.

regards

1. Only in the case of mutual consent divorce the spouse have to be living separately for a year before the filing of the petition.

2. If she does not agree to mutual consent divorce then you may unilaterally file a petition for annulment of marriage but then you will have to prove that she concealed her true marital status from you.

3. The pics and videos will only prove that she had a relation before, not that she concealed it from you.

4. A case under DV Act or 498A can be filed irrespective of the duration of marriage.

5. If her previous marriage was registered then a certified copy of her marriage certificate can be obtained from marriage registrar's office.

1. You cannot file a divorce case within one year from the date of marriage.

If you can find the documentary proof of her alleged marriage with him then you can file a petition seeking to nullify your marriage which is null and void since her marriage is subsisting and no divorce had taken place so far and her spouse is also living.

2.There is no case of cheating maintainable for the incidents that took place before marriage.

3. If she wants to take revenge on you she may file any type of false cases against you.

4. Since you have already engaged detective, you can ask them to procure the same if it is true.