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

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 .

Dear Querist

you can file a divorce case against her and an adultery case against her boy friend

yes you can file divorce case based on the call records

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.

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.

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