• Divorce

My marraige on 29 april 2013. In December I know that My wife has an affair in the office. I have call recordings proof conversation between my wife n his boyfriend. She has physical relation with him. So plz tell can I file a case against my wife.
Asked 3 years ago in Family Law from Faridabad, Haryana
Religion: Hindu
yes you can ,but pls understand that contesting a divorce requires lot of time and money also,if  she is not interested  in living with you it is better that both of you go for mutual divorce which will be completed in less than 2 years
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
1) you have been married for only 3 months now . you cant file for divorce now . it can be filed only after expiry of one year .section 14 of HMA states that no divorce can be filed within one year of marriage . it is only in exceptional circumstances can it be filed within period of one year and after obtaining leave from court . 

 gather all evidence you can in support of your case that wife is involved in  having an extra marital affair . . then you can in December 2014 file for divorce on grounds of adultery .
Ajay Sethi
Advocate, Mumbai
24719 Answers
1323 Consultations
5.0 on 5.0
Dear Querist
you can file a divorce case against her and an adultery case against her boy friend
Nadeem Qureshi
Advocate, New Delhi
3628 Answers
137 Consultations
4.9 on 5.0
yes you can file divorce case based on the  call records
Pradeep Bharathipura
Advocate, Bangalore
4154 Answers
140 Consultations
4.3 on 5.0
A call recording is a legally valid proof which can be used in court. If you have in your possession any call recording which can prove sexual relationship between your wife and her paramour then go ahead and apply for divorce on the ground of her infidelity. She may be left with no escape route in court when confronted against this very vital piece of evidence.
Ashish Davessar
Advocate, Jaipur
18847 Answers
472 Consultations
5.0 on 5.0
Also refer to section 14 of the HMA which reads thus:

14. No petition for divorce to be presented within one year of marriage.- 
(1) Notwithstanding anything contained in this Act, it shall not be competent for any Court to entertain any petition for dissolution of marriage by a decree of divorce,unless at the date of the presentation of the petition one year has elapsed since the date of the marriage: 
Provided that the court may, upon application made to it in accordance with such rules as may be made by the High Court in that behalf, allow a petition to be 
presented before one year has elapsed since the date of the marriage on the ground that the case is one of exceptional hardship to the petitioner or of exceptional depravity on the part of the respondent, but, if it appears to the court at the hearing of the petition that petitioner obtained leave to present the petition by any mis-representation or concealment of the nature of the case, the court may, if it pronounces a decree, do so subject to the condition that the decree shall not have effect until after the expiry of one year from the date of the marriage or may dismiss the petition without prejudice to any petition which may be brought after 
the expiration of the said one year upon the same or substantially the same facts as those alleged in support of the petition so dismissed. (2) In disposing of any application under this section for leave to present a petition for divorce before the expiration of one year from the date of the marriage, the court shall have regard to the interests of any children of the marriage and to the question whether there is a reasonable probability of a reconciliation between the 
parties before the expiration of the said one year.
Tulika Prakash
Advocate, Gurgaon
113 Answers
69 Consultations
5.0 on 5.0
you may prosecute the friend of your wife for adultry at the same time you file for divorce after complition of one year on the same ground
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations
3.9 on 5.0

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