After marriage within a year you can go for the Nullity of the marriage and in future both of you will be not called as divorcee as well.
We have been married and it is been 2 months. I have given all my past life chat with belief she would not tell anything. But after that she started accusing me for ever time with that, and started threatening me like she will show those chat to all and saying to live with her like that and now she has all of my social media accounts. I do not know wt should I do. I lost affection on her.
After marriage within a year you can go for the Nullity of the marriage and in future both of you will be not called as divorcee as well.
1. Perhaps she expected that she is marrying a man, who has no past history.
2. After you have made it known to her, she has started disliking you, as her dreams are all shattered.
3. Since it's only 2 months of marital life, the couple can't think of divorcing each other till atleast one year over from the date of marriage.
4. If you are finding a way to live separately, you can opt for judicial seperation and then introspect and then decide whether to opt for divorce or not. If you think of divorce, convince your wife to agree for Mutual Consent Divorce which saves time and money and all the issues can be resolved amicably between the husband and wife.
If you want separation than file annulment of marriage.
Otherwise try convincing her for not disclosing the bedroom things to anyone.
1. Don't worry. On the basis of your past relationship no case can be filed against you.
2. Now if she share these chats in your social media then the same is crime under various sections of Information Technology Act and IPC.
3. Its good that after sharing your past you can get to know the actual picture of your wife. Its evident that she is not worth believing.
4. Therefore think in terms of dissolving your marriage. Change the password of your all social media accounts.
Only in exceptional circumstances can you file for divorce before expiry of one year of marriage
2) file for divorce on expiry of one year of marriage on grounds of mental cruelty
Hello,
- As per law, she cannot accuse you for the affairs done before the marriage , as this act not come under the offence of extra marital affairs.
- Further , Supreme court declared that , when a man and a woman in love live together , is part of the right to life and not a criminal offence, and further live-in relationships is legal in India.
- Further, If wife is not supporting her husband for the enjoyment of life and denying relation, then the husband can get divorce after filing a divorce petition before the court on this ground.
- Hence, she cannot file a complaint against you even if you are chatting with a woman presently , except that she can take divorce from you on the ground of extra marital affair , and further her said acts come under the cruelty .
- You should close all the account with a new password .
- Further , if she is not interested with you , then take her consent for mutual divorce.
- Further you can also file divorce on the grounds of cruelty as well.
You need to decide what to do. That chats being past chats will not affect anything legally. If you need divorce you can file the same only after 1 year of separation
Am thinking suppose after filing cruelty complaint if she say in court she will not do those thing again means what I can do. Because I did not like here at all. How will the point of view of that case
- If you file divorce petition on the ground of cruelty , then she will have to contest the same , and only on her depose before the court your petition will not dismissed.
You have to prove allegations made in divorce petition then only you would get divorce decree
you cannot be forced to stay with wife even if she agrees not to commit any such acts in future
If she files undertaking and it is accepted bu the court then on the occasion of breach of undertaking and order of Court you may prosecute her for the Contempt of Court.
It is because of your fault that you are suffering now.
You cannot do anything about it.
If she is threatening that she will reveal the secrets of your past life to everyone, you dont worry, ask her to proceed, let she do whatever she feels like.
Nobody is absolute pure or true in the pre-marriage life, hence you can somehow convince your people over a period of time.
However you cannot take action to file divorce case against her until your marriage is one year old.
You may have to wait for completion of one year from the date of marriage if you desire to file a divorce case.
She cannot file any complaint against you for your affairs of your pre-marital life, there is no provision in law for that.
If at all she plans to do any such thing her complaint would not be entertained by police.
Hence you just wait and watch the developments for taking suitable action at that time and until then you can remain silent.
Hello,
Dear Sir,
You are suggested to have cool and wait till 01 year of the marriage because no court will entertain any petition within 01 year of marriage.
and,
don't forget to draft an MOU before approaching Mutual Divorce, which is the most essential and important part of a Divorce case,
some basic points to keep in mind and put in writing through an MOU before filing the petition for mutual consent divorce are custody of kids, distribution of assets (movable/immovable), quash/withdraw of pending litigation if any, Maintenance (present/future), Alimony, mode and time of making the payment, streedhan, future litigation, etc.
if failed, you have two options,
one option is to,
file contested divorce on the grounds of mental cruelty but it will take around 3-5 years,
once you file contested divorce she may file/claim
498a complaint
Domestic Violence case
maintenance,
so be ready for them too,
and,
the second option is to file Restitution of conjugal rights petition in the Court, to show your bonafide intentions to save the matrimonial tie, however, you can withdraw the same any time,
RCR will work as a safeguard to 498a, maintenance, DV etc
After marriage 2nd month she went to her home and now we are separated because she left my home with fight with no reason but she is willing to come and live with me, now it's been 6 months. She has all of my social media account password which I cannot able to change. Even I asked here to give me she is not ready to give and telling me if there is situation we split I will use these things and she has backup of everything even for bank OTP which comes to mail she is making me to beg like anything but she did not give at all. And I have many abuse messages from her about my past which is making me mentally affected and fear. Can these text message enough for cruelty. By this can I get judicial separation because we have not yet completed one year and later can I get divorce.
These messages are not admissible as primary evidence in court of law.
You can file a petition seeking judicial separation under section 10 of HMA
You can make the charges of mental cruelty in your pleadings and present a strong argument describing the acts which constitutes mental to convince court about your pathetic condition and her arrogant behavior.
You discuss with your advocate about the strategies to be adopted.
You can rely upon tex messages to prove mental cruelty
2) you can delete your account on social media
3) wait for period of one year then file for divorce
Why you want to go for divorce when there is a straight way for annulment of marriage.
You can apply all social sites , bank password etc on your name and your mobile number
- Yes you can file divorce petition on the ground of cruelty even not completed one year separation , this one year is required for mutual divorce only.
- Yes, you can use these abusive messengers against her , but it should be corroborated with some other evidence.
you have to prove Mentsl cruelty, Strengthen your oral or written evidences with instances of mental cruelty like continuous non cohabitation or denying physical relationship, verbal and physical abuses, arrogant behaviour, incompatible or ever increasing difference of opinion aggravating the domestic relationship.
You shouldn't have done this. She will now torture you everytime there is a fight.
Anyways try mediation.
File a police complaint against her under 420,406IPC and IT Act for misusing your social media accounts
1. You should send her a legal notice for judicial separation on grounds of mental cruelty. If don't want send legal notice then you can directly file petition for judicial separation.
2. If you dont want to proceed legally then ask your elders or some common friends to interfere in the matter.
3. Change all passwords starting from basic one that is mail ID.