• Want to get divorce

Respected Sir/Madam, i and my wife are doctors working in reputed hospital in a town and married since 2yrs through arrange marriage. recently i found out two important things which she did not reveal to me

1. we both belong to oc and same caste, but she illegally misused obc reservations and got seat and jobs
2. she had premarital affair 6yrs ago with her classmate and lost virginity

Now somehow all our relatives and neighbours got to know about her affair and reservation issues (through her ex or classmates), my family prestige got ruined
An caste based NGO filed a case against my wife regarding reservation misuse and she may be convicted and jailed. i want to get divorce against her and get child custody, i dont even want to pay any alimony. need ur suggestions and thanks for ur help
Asked 4 years ago in Family Law
Religion: Hindu

23 answers received in 1 day.

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28 Answers

Hello,

You said that both of you are obc.then how did she get into trouble?

Now the affair was 6 years ago. The court would not grant divorce on the basis of an affair which was 6 years ago...unless the wife continued with it.

I am just telling you that the courts do not grant divorce on the ground of a past affair.

As far as the illegal seat and job is concerned that may be a ground but you will have to tell me the illegality committed by her.

Regards

Rahul Mishra
Advocate, Lucknow
13760 Answers
65 Consultations

5.0 on 5.0

Hii

You want divorce a girl just because she had premarital affair and want to break your family Not specified reason its very common.

Cheating and cruelty mounts if she has done after marriage.

She may be cheated with govt for her career you should stand for her your family and kids. Not because of public opinion .

But still you wanna file for custody of child and divorce you can file for under cheating and religious defamation in society mounts to cruelty on mental harassment to you and your family prestigious issues. Strong chances Case going in your favor for getting custody.

Approach to good matrimonial lawyer and file it.

Rita Rajput
Advocate, Thane
189 Answers
2 Consultations

Not rated

Yes you can right way but it's all depends upon subject to strong proof. You may file divorce case on the ground of mental harassment and also you urged custody of your child, with regard to alimony doesn't arise at this stage. All the best.

C. V. Jadhav
Advocate, Bangalore
545 Answers
18 Consultations

4.7 on 5.0

1) You can get divorce on Forgery basis and Child custody with you as per Guardians Act.

2) She is not entitled for alimony as she is working women.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

1. You can file a suit for divorce on the ground of cruelty for which her mental cruelty is to be established which occurred during subsistence of marriage and hence her past affair has nothing to do with this.

2. Again her past affair and misuse of caste certificate is not a determining factor to get custody of the child. To get the custody of the child you need to show her welfare is at stake under your wife.

3. So in that event it is advisable that you resolve the dispute amicably and go for mutual divorce.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

It's advisable to go for mutual divorce. Since past affair cannot be ground for divorce. If she had committed adultery now it was a good ground to claim divorce.

Unless she is convicted you cannot take up any plea so you need to raise ground of mental cruelty and on that basis you need to file for divorce unless she agrees for mutual divorce.

With respect to custody of child you need to prove that welfare of child will be at stake if the child is with your wife only then you can get custody.

And though your wife is working she may not be entitled to maintenance but she can claim litigation expenses which you are bound to give her.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

Hi, for getting divorce strong grounds are required .. Extramarital affair before marriage is not a valid ground for marriage .. However, if she is continuing her relation after marriage , it can be a valid ground for divorce

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

1) your wife affairs before marriage are immaterial

2) if after marriage she has been loyal to you her affairs before marriage are not ground for divorce

3) if wife has obtained OBC certificate fraudulently then she would have to face consequences of her actions

4) you can file for divorce on grounds of mental cruelty

5) since wife is working and there is not substantial differences in income wife would not get maintenance

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

Hello,

The grounds stated by you cannot be a ground of divorce according to law . But if you can prove that she still have the affair then it is a ground of divorce and you will be absolved from paying maintenance .

Hope this helps.

Regards

Swarupananda Neogi
Advocate, Kolkata
2941 Answers
6 Consultations

4.7 on 5.0

Payment of alimony is not your choice in a case of divorce. The custody of the child is based on the age factor of the child as he is less than five and will remain with mother.

The case of NGO is not related to your divorce case and you may go ahead with the cruelty and non compatibility issues with in both of you.

She has affairs six years before that this ground for divorce may not work.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

1. That she has misused her OBC reservation and had a premarital affair with someone which she concealed from you are not instances of cruelty, hence a petition for dissolution of marriage cannot be filed. However, if she is convicted by the court then you can surely file a petition for divorce.

2. In so far as child custody is concerned if she is convicted by the court you alone will be eligible to get the custody of the child.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

Sir, first of all premarital affair cannot be ground for divorce.

You can ask your wife for the mutual divorce if she does not agree then can file contested divorce on ground of mental cruelty and fact she does not disclose fact about her false obc certificate for getting job.

See if she is earning and well qualified she is not entitled to any of the maintenance and alimony the same can be contested.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

This is my response to you:

1. Pre-marital affair is not a good ground for filing divorce;

2. But yes the fact that she suppressed so many truths from you that could be a very good ground;

3. The fact that she has committed fraud and forgery of documents therefore she could be stripped off her degree and also be jailed;

4. You can file for divorce under Hindu Marriage Act;

5. You will also need to file for application wherein you will seek full custodial rights for the child and no visitation rights for the mother'

6. Engage services of a lawyer and start the process immediately.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Hi, you have to file a petition for divorce on the ground of cruelty and also on the ground of adultery.

Pradeep Bharathipura
Advocate, Bangalore
5399 Answers
310 Consultations

4.5 on 5.0

Hello,

You may file a divorce on the ground of cruelty under section 13 of the Hindu Marriage Act.

In the facts as told by you, you will not be directed to give alimony.

Get in touch with a local lawyer at the earliest.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Dear Concern,

Please take note of the following -

1. Unless you have a solid proof of her being not a loving and doting wife of yours you can't get divorce from her.

2. Being a criminal do not nullify marriage. So if your wife is going to jail because of her misdeed that doesn't mean you will get divorce if everything is normal in between you.

3. Having a relationship prior to marriage and losing virginity thereto is also not a ground of taking divorce under the laws of India.

4. If you can prove that your wife is cruel, or has deserted you on her own, or was in physical relationship with someone after getting married to you, or is no more a Hindu, or is of unsound mind, or is suffering from a life threatening disease, or has renounced the world or has not been heard of since past seven years only then you can seek divorce from her. See what is applicable in your case and move before the court for divorce.

5. To seek sole custody of your child you have to contest a separate case and since both of you are doctors so you won't be required to pay maintenance to her.

Pulkit Prakash
Advocate, Delhi
309 Answers
7 Consultations

5.0 on 5.0

As per the law as it stands our legal system does not allow divorce to be granted on the ground of irretrievable breakdown of marriage or irreconcilable differences. To get a divorce one has to prove wrongdoing on the part of other spouse, and impeccable conduct of one’s own in order to win. Divorce is granted only on proof of fault or guilty conduct of one party and innocence of the other. The most common ground for divorce is cruelty. Another common ground is adultery (sexual intercourse outside wedlock) one instance of lapse of virtue can lead to divorce.

Feeling cheated is a very difficult feeling to hold in one's head. The girl having a past is not grounds for divorce, but lying about it is.In this most modern world no one can assure that his wife is virgin.

So think about your children and their life after the divorce. Children are fragile, handle them with care. If divorce is inevitable, bitter battles cannot be the option to settle issues of child custody and access.Custody of a child, when parents divorce, only implies as to who the child will physically reside with. Both parents continue to be natural guardians. Family law courts generally base decisions on the best interests of the child or children, not always on the best arguments of each parent. In general, courts tend to award PHYSICAL child custody to the parent who demonstrates the most financial security, adequate parenting skills and the least disruption for the child. Both parents continue to share legal child custody until the minor has reached the age of 18 or becomes legally emancipated. Legal custody means that either parent can make decisions which affect the welfare of the child, such as medical treatments, religious practices and insurance claims. Physical child custody means that one parent is held primarily responsible for the child's housing, educational needs and food. In most cases, the non-custodial parent still has visitation rights. Many of the religions practicing in India have their own personal laws and they have their different notion of custody.

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

If you want a divorce then file a petition for the same before family court. A Hindu male is legally obligated to maintain his spouse. Maintenance includes provision for food, residence, clothing, education and medical attendance and treatment. But a wife who is well qualified and is capable to earn cannot sit idle and claim maintenance from her husband

Ajay N S
Advocate, Ernakulam
3991 Answers
93 Consultations

5.0 on 5.0

hello,

your wife lied to you and also to the state and secured a seat in the MBBS course. "material fact relating to the respondent" which your wife did not disclose can be a valid ground for divorce.

regards

Rahul Mishra
Advocate, Lucknow
13760 Answers
65 Consultations

5.0 on 5.0

1. The law has nothing to do with mindset of people which often revolves around orthodoxy.

2. So I repeat that no divorce would be granted on the basis of her pre marital affair.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

You can file for divorce on grounds of mental cruelty

2) wife had represented that she was a doctor but had suppressed fact that she fraudulently obtained degree by unfair means

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

Hii

If she has done criminal let face the consequences arises out of that the criminal act

of doing wrong let her fight Alone as a punishments.

Dnt let let you kid suffer for the same. Even though you file divorce and it may get approved though your will be called her son you cannot change fact.

So give some time your kids is too small. Later when your wife crime will be proved and convicted you can file the divorce and you may have the valid reason to file and take send your child for education away from the scenario.

Rita Rajput
Advocate, Thane
189 Answers
2 Consultations

Not rated

If she gets convicted that will be ground for you to seek custody of child and also divorce on ground of cruelty. If you have proof of her damaging your reputation you can file for divorce.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

In a case of anticipation of a crime don't mix it with life. But the same time you will talk about all the consequences and share your feels to your wife. And change your wife to a good lady. No one is bone with criminal mind ,circumstances change the life. Any how your wife is biological mother of your child so better change her attitude, mind set, make a role model of good character if you can .

Ajay N S
Advocate, Ernakulam
3991 Answers
93 Consultations

5.0 on 5.0

As advised, you may go ahead and file a case of divorce.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Any how you can get divorce on false notification and get son custody.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

You can cite her past illegal activities as reasons for mental cruelty besides other issues in the divorce petition to be filed on the grounds of cruelty.

You must be able to prove your allegations with substantial evidence.

T Kalaiselvan
Advocate, Vellore
78107 Answers
1543 Consultations

5.0 on 5.0

In the child custody case you can make a mention about her past deeds which constitute misconduct and undesirable character which would harm the child" future.

You may always project child's welfare as paramount importance

T Kalaiselvan
Advocate, Vellore
78107 Answers
1543 Consultations

5.0 on 5.0

See you can file a divorce on ground of cruelty citing her involvement too in fraud and other activities that are every day causing harassment to you and your family further can file an application for custody of the child and can site the criminal activities of fraud by mother to get the custody.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

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