• Wife and Her Family planned Marriage Just for Money Extortion

My Wife has has 2 Affairs in past. Her Family members are also aware of it. Her Family has already made many money transactions with them. She wants to continue the relationship with both of them and doesn't want to give divorce also. If I ask for divorce she is asking for huge money compensation. 
I have the Chats and Money transaction history with me.
It has Just been a month for marriage.
Kindly Suggest What should be done.
Asked 2 months ago in Family Law
Religion: Hindu

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16 Answers

you can file a case seeking divorce on the ground of cruelty placing all the information relating to extortion as well as details of earlier transactions. also lodge a complaint with police against them duly submitting all the proofs.

Sricharan Telaprolu
Advocate, Hyderabad
105 Answers
19 Consultations

4.9 on 5.0

You cannot file divorce case within one year from the date of marriage. 

You refuse to give her any amount. 

If the situation is intolerable you may live away from her and also can file a petition for judicial separation. 

 

T Kalaiselvan
Advocate, Vellore
72170 Answers
1078 Consultations

5.0 on 5.0

With all the proof of her extra marital affairs you can seek divorce and if it can be proved you are entitled to divorce without paying maintenance, alimony or compensation. But within one month of marriage court will not entertain divorce from any spouse. You have to wait till one year for applying for divorce. During one year take care that marriage is not burdened with birth of baby. That will create hurdle in divorce and imply financial obligations.

 

 

Ravi Shinde
Advocate, Hyderabad
797 Answers
7 Consultations

5.0 on 5.0

- As per law, concealing the true facts from husband at the time of marriage is ground for divorce. 

- Further , if wife having extra marital affairs , then it is a ground for divorce, and she cannot claim maintenance/compensation from her husband,.  

- However, only money transaction with other person is not amounts to extra marital affairs. 

- Hence try to reconcile the matter amicably , otherwise you can file a divorce on the ground of cruelty and above mentioned grounds. 

Mohammed Shahzad
Advocate, Delhi
6719 Answers
71 Consultations

5.0 on 5.0

You can file fir divorce on expiry of one year of marriage 

 

2) if wife has extra marital affair after marriage gather evidence of her adultery 

 

3) file for divorce on grounds of mental cruelty and adultery 

 

4) make lover co respondent in divorce case 

Ajay Sethi
Advocate, Mumbai
82096 Answers
5157 Consultations

5.0 on 5.0

Dear Sir, 

 

As per the law, you cannot file the divorce until a year of marriage has been completed. The law does not allow you to get divorce within after a period of one month of marriage.

Even if you both plan to go for mutual consent of divorce, you will have to complete the waiting period of 1 year.

You may wait for a year and then file a divorce against your wife on the grounds of mental cruelty. 

Thank you.

 

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Anik Miu
Advocate, Bangalore
1125 Answers
10 Consultations

5.0 on 5.0

One Month is too early for decision of divorce. Personal laws do not sanctify such separations. Morally if you wanna continue this marriage you should unravel the cause of her such acts and try to restrict her from doing so in humble manner explaining how important it is to be committed into a relationship for life. Years of life gets invested in courts just to deduct one wrong person entered in to the family. Try to avoid hassle for all in the family. 

 

If still the marriage is irrevertible, then go for divorce. As marriage is just one month old, any huge claim by your wife is not tenable in eyes of law hence, don't fear huge alimony payment to her. 

 

If your marriage is not registered then you can simply talk with elders of your family disclose the facts and try to get marriage dissolved through elderly interference and mutual consensus. 

 

If your marriage is registered then please approach Hon'ble Family Court and seek divorce on the grounds of adultery and cruelty. As it is a month of marriage only, the Court shall grant you 6 months time as cooling period, after that only you would be able to proceed with the case. 

 

For filing divorce petition, issuance of notice for divorce is required to be supplied. If your wife stays under the same roof then get notice served to her parents as well. 

Pooja Ashar
Advocate, Ahmedabad
197 Answers
2 Consultations

5.0 on 5.0

You can apply for judicial separation and divorce in the court under adultery and money extortion from  other extra marital affairs.

Ganesh Kadam
Advocate, Pune
12005 Answers
128 Consultations

4.9 on 5.0

Hi, Till completion of one year of marriage you will not able to apply for divorce. After completion of one year, you have to file Petition for divorce on the ground of Cruelty. 

Pradeep Bharathipura
Advocate, Bangalore
5020 Answers
266 Consultations

4.5 on 5.0

You can file divorce case on the grounds of adultery provided you have proof of her acts of adultery and in that you may have to implead the adulterer as second respondent.

The documentary evidences to prove her acts of adultery.

 

 

T Kalaiselvan
Advocate, Vellore
72170 Answers
1078 Consultations

5.0 on 5.0

If your wife has stayed in hotel room with her lover it is sufficient to prove adultery 

 

2) gather evidence of her extra marital affair 

 

3) engage a detective agency 

Ajay Sethi
Advocate, Mumbai
82096 Answers
5157 Consultations

5.0 on 5.0

You can file divorce petition against your wife on grounds of cruelty and voluntary desertion of matrimonial house. You can produce all documents disclosing her reasons for voluntary desertion. As your marriage is 1 month old, the Court shall grant cooling off period of 6 months and thereafter list your matter for reply of your wife. Be it known to you that as your wedding is just a month old your wife cannot claim permanent alimony (huge amount of money) against divorce and such application or request would be out rightly rejected. 

Pooja Ashar
Advocate, Ahmedabad
197 Answers
2 Consultations

5.0 on 5.0

Dear Sir/ Madam

You can file a divorce petition on the ground of adultery. Please collect sufficient documentary evidences to support your ground. 

    • For more assistance, you can book a consultation with me.
    • If you like my answer, please give a good rating and leave a review

Anik Miu
Advocate, Bangalore
1125 Answers
10 Consultations

5.0 on 5.0

Pls contact us on below mention address. Consultation prior appointment.

 

Vardhamane & Associates
Advocates & Legal Consultant
High Court, Mumbai.
Mr.Bhushan A Vardhamane.
Mrs.Shashi B Vardhamane.
Off Add:161-B,Swadeshi Mill Road,
Opp Shivaji Maidan, Nr.Railway Station, Chunabhatti (East),
Mumbai - 400022
Mob: [deleted].
Email: [deleted

Bhushan Adinath Vardhamane
Advocate, Mumbai
11 Answers

Not rated

A case of divorce can be filed after completion of 1 year. But that would be too late.

You may directly approach the supreme court.

Rahul Mishra
Advocate, Lucknow
12251 Answers
29 Consultations

5.0 on 5.0

Yes you the main ground would be adultery mental and physical cruelty.

Moreover file a domestic  violence complaint against her through your mother.

Rahul Mishra
Advocate, Lucknow
12251 Answers
29 Consultations

5.0 on 5.0

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