I have a friend who is illiterate and he sought my help in the following matter.
My friend has a son and he performed his son's marriage 4 months ago.
2 months ago my friend’s son got a email from one of his wife's (girl) college class mate (boy).
The issue is about their affair from 2004-2012. The boy’s grouse is the girl has not married him after 8 yrs affair and thus he was cheated. He attached several photographs of their kissing etcetra and gave a warning in the said email that the girl will cheat him also soon. The said boy has posted the photographs in all the Social Networking Sites, to damage the image of his ex-girl friend, which is also damaging my friend’s family image at large.
Now the query is:
Can my friend get his son Divorce his wife easily with the help of the email and photographs attached therein as his daughter-in-law is found a bad character blah blah blah.
Please do help us with the legal avenues and oblige.
Asked 4 years ago in Family Law from Hyderabad, Andhra Pradesh
Having a past affair can't be a ground for divorce. Even if the ex boyfriend has published the photos online, this is not a ground as per the law. In fact the ex boyfriend has committed an offence by publishing such pictures. Be that as it may, if the husband is really keen on getting divorce, then he will have to allege cruelty as a ground for divorce.
You must consult a local lawyer with all the evidence and data so that proper grounds can be formulated based on the information.
You may mention non-disclosure of facts prior to marriage or false representation by the wife at the time of marriage. You would require to submit an affidavit as evidences of those; not your immediate relatives, but third party who were a part of your marriage proposal negotiation at the time of filing petition for divorce in family court.
Also, you would have to file a police complaint under I.T act against the person who is posting the photos online.
All these can be a ground for your mental harassment while filing divorce petition.
Advocate, Navi Mumbai