• If a girl had a love before marriage, can a husband use that as a photo proof to get divorce

My close friend had a second marriage and for her husband also its a second marriage. She belongs to lower caste but high class family and she is working in IT company and he belongs to upper caste but middle class. She married him as he is a government employee.From day 1 of her marriage life itself her mother in law started tortured her by saying caste name and dowry.one point of time her husband also joined with his mother and started tourtured and when she was 2 months pregnant they sent her out of home in the mid night.one day her husband took her very old hard disk and found some pics with her close friendnd to whom she took a picture before marriage. after marriage, she had no contact with that guy .He sent her a notice by stating he doesnt like to live with her as he saw the pics of her with a guy taken before marriage.
Will that reason valid? she has no contact with her Ex-lover after her marriage, she was very genuine with her husband.can he get divorce with this reason?
Asked 10 months ago in Family Law
Religion: Hindu

2 answers received in 10 minutes.

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10 Answers

Wife relationship before marriage are immaterial 

 

it is not a ground for divorce 

Ajay Sethi
Advocate, Mumbai
83960 Answers
5464 Consultations

5.0 on 5.0

Hi, based on the past affairs that before marriage relationship are not ground for divorce. Husband can't file a petition for divorce on the above ground.

Pradeep Bharathipura
Advocate, Bangalore
5135 Answers
282 Consultations

4.5 on 5.0

it is not sufficient or genuine ground for divorce. if he has sent notice then she should send notice for maintenance. let him face the problem now.

Gopender
Advocate, New Delhi
384 Answers

4.9 on 5.0

Hello,

  1. A photograph alone cannot be a reason to get  divorce in a court of law. It does not prove anything without supporting evidence of cruelty against her husband and in laws.
  2. She needs to engage a lawyer and send a suitable reply to the Notice received. If she has received a summons from the court she has to engage a lawyer and file her reply and seek maintenance.
  3. She has the options to file a case of Domestic Violence against him and his family and file for restitution of her conjugal rights. 

S J Mathew
Advocate, Mumbai
3337 Answers
157 Consultations

5.0 on 5.0

- As per law, her husband cannot take any legal action against her on the ground of old pictures and video which were taken before the marriage , as it not come under the definition of extra marital affairs. 

- Further on this ground her husband cannot get divorce from her legally. 

- If her mother in law , creating trouble for her then she can file a compliant under the provision of domestic violence act against her. 

Mohammed Shahzad
Advocate, Delhi
7915 Answers
84 Consultations

5.0 on 5.0

The incidents taken place before marriage cannot be held as valid grounds or reasons for dissolving the marriage by a decree of divorce.

He cannot be successful if he relies upon such photos or any other related incidents while seeking divorce.

It is pertinent to prove that she is still continuing her previous relationship and living in an adulterous life.

Nothing to be worried about it, if at all he sends any legal notice in this connection, let she deny the allegations and give a fitting reply through her own advocate. 

T Kalaiselvan
Advocate, Vellore
74064 Answers
1197 Consultations

5.0 on 5.0

  • The reason which he stated in d notice is not at all valid for getting divorce. If seeing spouse with any another person would have amounted to lot of divorce cases. 
  • Secondly getting divorce is not a very easy process. There should b absolutely a valid reason for divorce. Such stupid reasons don't work. He has to prove adultery post marriage. 
  • U also mentioned that they make caste difference and trouble her. If she belongs to SC or St category she can file a case against them under SC ST act. They will b punished by d court or she can even complain to his higher official s as he is a government servant. 
  • There r many ways to handle d situation, she should nt get disturbed and give a tough fight. 

Sital Patil
Advocate, Kota
139 Answers

Not rated

1. The reason shown by her husband is invalid and no divorce decree will be issued based on the said ground.

 

2. She should now file DV case against her husband and in laws to counter their said move.

Krishna Kishore Ganguly
Advocate, Kolkata
26030 Answers
726 Consultations

5.0 on 5.0

No he can't that evidence is of no use after marriage unless she is still having illicit relationship with him

Prashant Nayak
Advocate, Mumbai
24157 Answers
51 Consultations

4.4 on 5.0

In my view, her husband has no right to get a divorce on the basis of a photo (that photo must be taken before her marriage). On a contrary, she can file a divorce petition regarding cruelty under 498A and she can also file a case under The Scheduled Castes and Tribes (Prevention of Atrocities) Act, 1989. 

You can register FIR regarding your issues or problems.

Section 498A- Whoever, being the husband or the wife relative of the husband of a woman, subjects such women to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. 

Explanation- For the purpose of this section, "cruelty" means-

  • any wilful conduct which is of such a nature as is likely to drive the women to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the women; or
  • harassment of the women where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.

Anuranjan Patel
Advocate, Patna
9 Answers

Not rated

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