• Divorce

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.
Asked 5 years ago in Family Law
Religion: Hindu

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34 Answers

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.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Please go for divorce on the ground of cruelty 

against her.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

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.

 

Shashidhar S. Sastry
Advocate, Bangalore
5640 Answers
339 Consultations

If you want separation than file annulment of marriage. 

Otherwise try convincing her for not disclosing the bedroom things to anyone.

 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

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. 

Devajyoti Barman
Advocate, Kolkata
23662 Answers
538 Consultations

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 

Ajay Sethi
Advocate, Mumbai
100042 Answers
8167 Consultations

Hello,

  1. That you shared the chat history with your newly wedded wife as you said was done in good faith to be transparent and to have a new beginning. It appears she is taking advantage of the same to torment you. Tell her that you are ready to face the consequences and you are not afraid and that is why you shared them in the first place.
  2. Do not allow her to have the mobile handset where these chats are originally. Advise her, if needed by involving family that her threats of the kind will lead to disharmony and even a marital breakdown. Let her know the purpose of having shared those details.
  3. You cannot file for divorce now. You need to wait for one year after marriage to do so.

S J Mathew
Advocate, Mumbai
3619 Answers
175 Consultations

- 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. 

Mohammed Shahzad
Advocate, Delhi
15873 Answers
243 Consultations

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

Prashant Nayak
Advocate, Mumbai
34714 Answers
250 Consultations

- 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. 

Mohammed Shahzad
Advocate, Delhi
15873 Answers
243 Consultations

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 

 

 

Ajay Sethi
Advocate, Mumbai
100042 Answers
8167 Consultations

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.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

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.

 

T Kalaiselvan
Advocate, Vellore
90245 Answers
2509 Consultations

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.

 

T Kalaiselvan
Advocate, Vellore
90245 Answers
2509 Consultations

Hello,

  1. If she undertakes that she will not do those things again, you should let go and see if you can amicably continue in the relationship.
  2. That you do not like her at all is not enough reason to proceed with a case as it will go against you once she shows her willingness to amend.

S J Mathew
Advocate, Mumbai
3619 Answers
175 Consultations

You can enter in consent terms in court with her

Prashant Nayak
Advocate, Mumbai
34714 Answers
250 Consultations

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.  

Ganesh Singh
Advocate, New Delhi
7172 Answers
16 Consultations

First of all you can file a divorce suit after one year of your marriage.

Swarupananda Neogi
Advocate, Kolkata
2995 Answers
6 Consultations

  1. if you want to remain in the matrimonial relationship, then, try to settle the matter amicably with your wife involving elders/relatives/friends etc and take her back, and if, failed, file Restitution of conjugal rights petition in the Court,

and,

  1. if you want to terminate the matrimonial knot, then, try to settle the matter amicably with your wife involving elders/relatives/friends etc and go for Mutual Consent Divorce which will be decided in 6-18 months, and you both will be free to live life with your wish,

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 

Suneel Moudgil
Advocate, Panipat
2394 Answers
6 Consultations

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. 

T Kalaiselvan
Advocate, Vellore
90245 Answers
2509 Consultations

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 

Ajay Sethi
Advocate, Mumbai
100042 Answers
8167 Consultations

Please decide first what exactly do you want?

Do you want to continue marriage or discontinue?

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

Yes you can first get judicial separation and later divorce

Prashant Nayak
Advocate, Mumbai
34714 Answers
250 Consultations

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

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Dear Sir,

You have to wait for one year in all the cases. 

Ganesh Singh
Advocate, New Delhi
7172 Answers
16 Consultations

- 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.

Mohammed Shahzad
Advocate, Delhi
15873 Answers
243 Consultations

try to settle dispute amicably through mediator. 

you can file divorce on grounds of mental cruelty. 

 

 

Mohammed Mujeeb
Advocate, Hyderabad
19382 Answers
32 Consultations

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.

Mohammed Mujeeb
Advocate, Hyderabad
19382 Answers
32 Consultations

Yes you can do it.

Swarupananda Neogi
Advocate, Kolkata
2995 Answers
6 Consultations

You shouldn't have done this. She will now torture you everytime there is a fight.

Anyways try mediation.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

You may file for divorce.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Yes you may if you state genuine reasons for divorce.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

File a police complaint against her under 420,406IPC and IT Act for misusing your social media accounts 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

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.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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