• Wife's past adultery and present behaviour

My Marriage occurred as arranged from matrimonial site after that I lost my faith in marriage through matrimony websites. Before marriage I tried to asked severally that if she is fully agreed in this marriage or not or whether she have or had any physical, metal relation or affair. But she told that she is totally in agree in this marriage . For this I asked also lot in Facebook because there I saw she had a profile where she uploaded many pictures of her which liked by lots of her friend. But only in the wedding night I was able to see her chat messages with her various friend and after the very next day of marriage I found that she had some extent(may be) or full of physical relation and metal relation with a person. When I asked about the message and matter than she accepted that she had those relations with that person and agreed that she loved him. But now after marriage she will forget her past and promised us that she will never communicate further with her past person in any manner. Then in subsequent days I searched more about there chat messages where I found that in past 2years she had sent several time her  naked (whole body top to bottom) photos and sexual, shared seductive chat messages. Within 11 days of my new marriage was complete shock, horrible and suffocating for me. But after 17 days approx I found that she is again liking(communicating in some manner) his facebook update shares. on 52nd day she was typing him long birthday wish message for his birthday even at 12am midnight (which felt very crying) because usually every normal day she use to sleep very early at night. Kindly advise me what I can do or wait for worst.
Asked 3 years ago in Family Law from Habra, West Bengal
Religion: Hindu
1. Your wife should have revealed to you prior to marriage her affair with this guy. By concealing this information she has not given the marriage a foundation which is based on truth.

2. You can file for nullity of your marriage on the basis of the chat messages of your wife in your possession.

3. You are not legally required to wait for the worst.
Ashish Davessar
Advocate, Jaipur
22966 Answers
631 Consultations

5.0 on 5.0

1) her past affairs should not affect your married life 

2)merely because she is chatting with another man does not mean she is having affair with him 

3)if you have evidence of her affair after marriage then file for divorce on grounds of adultery 
Ajay Sethi
Advocate, Mumbai
44393 Answers
2577 Consultations

5.0 on 5.0

How long you have been married?, If the period of marriage is more than a year, you can, with the help of evidences in your possession namely the snap shots of Facebook communications ad other evidences to prove her adulterous life before and after marriage, can file a divorce case against her on the ground of adultery or extra marital sex, i.e., u/s 13(1)(i) of HM Act, it can be on the ground of voluntary sexual intercourse with any person other than his or her spouse.  For this even a solitary instance of voluntary sexual intercourse wit te person other than one's own spouse is enough for granting decree of divorce.  Also it cannot be said that the petition for divorce on the ground adultery cannot be decreed for want of direct evidence fo such an act as it is done in privacy. The standard proof of extra marital sex in the divorce proceedings can be based on circumstantial evidence and strong probabilities corroborating each other. 
In a case of for divorce based on adultery, the adulterer is a necessary party and ought to be made second respondent in the case. 
You may see the possibilities of living with her anymore or to divorce her and confirm the eligibility for filing the case. 
T Kalaiselvan
Advocate, Vellore
34540 Answers
372 Consultations

5.0 on 5.0

You have sufficient evidence to proof her guilt for immoral character. Sending her naked pics before the marriage to her friends does constitute her immoral character because it shall be presumed that she also received naked pics of person to whom she sent her pics and she had been in illegal relation with some one. 

Your query about her affairs and chastity  at the time of  marriage constitutes that her moral character is the essential quality for marriage and her denial at that time and exposure at this time shall make your marriage null and void under section 12 of Hindu marriage act if you have not sexual intercourse with her after unveiling of this fact. 

you can file petition under section 12 HMA for annulment of your marriage.
Shivendra Pratap Singh
Advocate, Lucknow
4973 Answers
78 Consultations

4.9 on 5.0

1)you can also file complaint under section 497 of IPC against your wife lover 

2) section 497 of IPc provides .—Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. In such case the wife shall not be punishable as an abettor.

3) gather evidence of your wife affair through detective agency 
Ajay Sethi
Advocate, Mumbai
44393 Answers
2577 Consultations

5.0 on 5.0

Dear Querist
first of decide that you want to live with her or not, if not then file a divorce petition or try to settle the matter amicably with the help of the elders and relatives.

Nadeem Qureshi
Advocate, New Delhi
4796 Answers
220 Consultations

4.6 on 5.0

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