I was married around 4 years back and I was just 21+ at that time and girl was also 18+. I was forced to marry because the girl's side wants to give 2 sisters in the same home. So, finally, I ready to marry. Girls side send a photo before 3-4 months of marriage. We talk on the phone sometimes. But when I saw her f2f before 3-4 days of marriage she was totally different. The photo which they send was extra edited. So, At that time I told my, family, directly that I don't want to marry her but I was forced to marry her otherwise my elder brother marriage also stops. And even in marriage video, it's totally visible that I am not happy with that marriage. Even when I meet with her I didn't talk a single word to her because i was in shock and moved. After some 2 years when my family again force me then, I think it's good for family and I call her and in the discussion, I found even she is not good in nature as well as if I ask "why don't you go to college then she replied prostitute go college I won't". So, then after I didn't talk to her again. In-between they forced me to take her home otherwise we won't send her sister as well and file a case against you. So, I take her home 2-3 times for 10-10 days. We don't have anything physical. Even she knows that I don't like her and I know she doesn't like me but on the face, she told me I like u. And In-between I like a girl and I told my family that I want to marry her but they won't agree. And they all told me to take your wife to Bangalore where i work. So, again I take her but this time I think I have spent living with her only but from 2-3 day I get to know that she is having chats with many boys on Facebook and WhatsApp. Then I install a tracker on her phone and within 1 week I get to know that she is having sex chats with many boys on facebook and she knew them all and even meet them while taking tuitions. boys on FB normally told her love u and all. And video chats with every boys 4-5 times a day. One of the boy call her daily 10-20 times and WhatsApp chats with her like "love u ... kisses and all ... discussing old days when we meet and all ..."Now a have her FB password. I have all the chats recording and call recording. I discuss all things with her family and told we are compatible. So, we need a divorce. But they told it's normal and u have to settle with her only. only her sister(my bhabi) is telling make them separate but both Parents won't agree due to society and all. All the against except 1-2 people. Even girl is telling I will never give divorce to you. Girls side giving me threaten like filing false cases and all. How should i get the divorce? At the same time, girls side did total 5 marriages. 3 of them were eligible and 2 were not. 1 is around 12 years and 1 is 15 years. can I threaten for this? So, can I file a case like they married unreliable children at the same time? I scared from Indian law for men to get them divorce. What should I do?
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Dear Client,
Better file for divorce on the ground of adultery. You have sufficient evidence.
And waht do u mean by this -
At the same time, girls side did total 5 marriages. 3 of them were eligible and 2 were not. 1 is around 12 years and 1 is 15 years. can I threaten for this?
So, can I file a case like they married unreliable children at the same time? ---- Dont mention this, will go against you.
If you able to prove her illicit relations, her cases will bear no fruit.
file for divoce on grounds of mental cruelty
2) wife having sex chats with other guys amounts to mental cruelty and is ground for divorce
3) wife refusing to have sex with husband amounts to mental cruelty and is ground for divorce
Hello,
based on the facts as told by you, you can file a case of divorce on the ground of cruelity under section 13 of the Hindu Marriage Act.
Also there is no crime as told by you.
but you have to be ready for some cross cases on their end. You can not subject yourself to cruelty for lifetime just because you are afraid of laws.
regards
You can file divorce on the ground of adultery but you need to provide evidence of adultery like screenshots audio recording etc. Audio recordings are corroborative evidence which can be used along with other evidences.
Hire a senior advocate and file divorce petition under the ground of adultery.
1. You nhave enough proof to show her infidelity.
2. So do not waste time and file a suit for divorce on the ground of adultery and consummation of marriage as well.
3. Since they are not ready for divorce , do not wait for them any longer and file your suit which woud protect you from harassment in the event they file case u/s 498A IPC.
4. Except divorce suit do no focus on other issues. It would not help you any more.
See you can complain before the Tehsildar/SDM if you have proof of child marriage further this wont help in your case for your case you can file a police NC that they are threatening you for false cases when you told them for your wifes affairs and further then you can file a divorce case on ground of cruelty giving all the evidence of her chat her nature of her adultery and cruelty. See it can be hard to get divorce not impossible when you will file and there shall be all these evidence and allegations they will come for settlment and mutual divorce.
It appears that you are living under immense mental torture and pain in this marriage.
Also, you have proof that you wife was involved in extra marital affairs.
Under the above circumstances, I will advise you to file a divorce petition against your wife.
Contact a local lawyer and strongly file a divorce case against your wife.
At this point of time this is a material that you have been married forcefully you are an adult and you can take your own decisions in case any decisions has been put on you and you can object that and you can deny for the marriage.
You cannot track anybody's personal device without her permission and in case you did that you cannot submit this as this evidence.
Divorce is not one party matter it should be agreed by the other party in any case or it should be contested to get the divorce in case you are not willing to continue with this marriage you have to provide sufficient evidence about your wife's character nature and other relevant material to satisfy the court to grant you the divorce but at the same time please remember that you how to provide the maintenance to your wife during the course of preceding and maybe one time alimony to wind up this marriage.
You can file divorce case on grounds of mental cruelty
she is having sex chats with many boys on facebook and she knew them all and even meet them while taking tuitions.these are used as evidence keep with you secure
You can file divorce on ground of mental cruelty as well as adultery , use all chat and recording as evidence
can I file a case against them that they have done the child marriage 4 years back and still childs are under 16 (only for threatening purpose like they threatening me for false cases)? If they will file false dowry and other cases should they need proofs? or Indian law blindly trust them? And I working as a software engineer in a private IT firm in Bangalore. So will it impact my job security? I heard that if they file such cases against me that I'll be out and will not get jobs in private? Now the girl is in Bangalore in my home and told she will not go back. Please read the whole case and give me final advice? And if I go to court should I need my family support? they are not with me only 1 brother is with me. Please help. what should i do?
NO impact on job until not arrested.
Can inform the collector about child marriage.
You individually can file the case.
burden of proof is upon prosecution to prove allegations made in divorce petition
2)you would not lose your job
3) you can obtain AB from sessions court if flase dowry harssment case is filed
4) you dont need family support for filing for divorce
No need of family support for going Court you can .File case
Indian law not blindly trust any one,evidence and witness are important
Your job not affected
See if child marriage is 4 year old affair leave that further they will be needing proof to file a case if they file false case they won't succeed.
No there won't be effect on your job.No these kind of cases have increased and till the time conviction is there won't be any issue.
You can file divorce case against the wife and lodge a police complaint against there intimidation.
It's better if family is with you if not you can proceed alone.
You cannot talk about the other marriages.
You can very well file a divorce case on the grounds of mental cruelty and also can poroduce the whatsapp chat messages in your pleadings for divorce even though they may not be an admissible evidence.
If she tries to wreak vengeance by filing false criminal cases against you then you can obtain AB and challenge them properly i the trial proceedings.
can I file a case against them that they have done the child marriage 4 years back and still childs are under 16 (only for threatening purpose like they threatening me for false cases)? If they will file false dowry and other cases should they need proofs? or Indian law blindly trust them?
Yopu may not be elgible for filing any such cases, only the affected parties may file them.
And I working as a software engineer in a private IT firm in Bangalore. So will it impact my job security?I heard that if they file such cases against me that I'll be out and will not get jobs in private?
You have been misinformed about this, yoiu can obtain AB and challenge the same in trial proceedings, if acquitted then there is no impact on your job.
Please read the whole case and give me final advice? And if I go to court should I need my family support?they are not with me only 1 brother is with me.
Even they not supporting you, let them not object or put hurdles to you in this regard.