• Divorce on ground of adultery and extra marital affairs

Sir I was married to 28 year old women on 1st December 2020. My wife is cheating with me. I asked her so many times before marriage about her affairs. But she told me that she had none. After wedding One day when I called her around 1 am, her number was busy. She lied to me when I asked her about this. She also deleted that number from call logs. Later she confessed that she is in a relationship with two men. She has been involved in sexual relationship with one married men for the last 8 years and with her cousin sister's brother in law for the last 2 years. She is active in both the extra marital affairs. She has got pregnant from married man many times before marriage. She also confessed that she had sexual relationship with married man after our marriage. I am feeling very depressed and mentally unstable. She is asking for give her one chance but I can not trust her. I want to get rid of this marriage as soon as possible. As a proof I have her call history records of last 6 months and call recordings of her confession. Can we take divorce on mutual consent if she agrees. What should I do if she don't agree for divorce on mutual consent. Can I appeal for annulment of marriage. Please let me know the best possible legal way to get rid of this so that I could focus on my work.
Asked 3 years ago in Family Law
Religion: Hindu

3 answers received in 2 hours.

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9 Answers

Best option is to file for divorce by mutual consent 

 

2) if not possible file for anullment of marriage on grounds of fraud 

 

3) in alternative file for divorce on grounds of mental cruelty and adultery on expiry of one year of marriage 

 

 

Ajay Sethi
Advocate, Mumbai
94515 Answers
7485 Consultations

5.0 on 5.0

1.If a  person indulge in such extra marital affairs for such a long time then it is better not to rely upon her.

Anyway if you think otherwise you can always trust her once again.

Otherwise make her agree for mutual divorce.

if this does not happen then file a contested suit for divorce on the ground of her adultery.

Suit for annulment is an option but only if you manage to have the proof of her past abortions. otherwise it is difficult to prove. 

Devajyoti Barman
Advocate, Kolkata
22774 Answers
484 Consultations

5.0 on 5.0

If she agrees for mutual divorce, you can go for that. If she does not agree you can file divorce on your side producing all proof of her relations out of marriage and you will get divorce. Prove her extra marital affairs Court will not grant her compensation and maintenance.

Ravi Shinde
Advocate, Hyderabad
4041 Answers
42 Consultations

5.0 on 5.0

Dear Querist

If she is not ready for mutual consent divorce and continue with the extramarital affair/adultery and there is no chance of forgiving her by you, then you have two option one is filing an annulment petition before the Family Court Under section 12(1)(c) of Hindu marriage Act based on the ground of fraud/concealment of material facts.

this petition is very tough to prove the allegations that she concealed the material facts or she commits any fraud with you.

 

secondly, you should file the divorce petition under section 13(1)(ia) of the Hindu Marriage Act-1955 before the family court based on the ground of cruelty. this allegation can be proved easily.

 

Feel Free to Call

 

 

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

1. First of all I feel sorry for your present situation. However, take courage and resolve this issue once and for all.

2. The best possible way open to you, is to go for Annulment of Marriage, since to go for contested divorce and mutual consent divorce, the couple should have spent one year of marriage and the couple should have lived seperately for one year. In the instant case, the couple has not completed one year of marriage.

3. Collect sufficient evidence, especially her pregnancy when she was unmarried.

Shashidhar S. Sastry
Advocate, Bangalore
5068 Answers
314 Consultations

5.0 on 5.0

Yes mutual consent is a good way and easiest method to seek divorce in your case. Annulment will only be granted if you make out a case of annulment understand hindu marriage Act

Prashant Nayak
Advocate, Mumbai
31802 Answers
175 Consultations

4.1 on 5.0

Dear sir,

1) You can take mutual consent divorce if she agrees but there is a legal requirement of one year minimum separation before you can file for mutual divorce. It will be best option but you will have to live separately for one year as required by law.

 2) If she does not agree for mutual divorce you can file divorce petition on mental cruelty and adultery. 

3) If you can prove that she was pregnant with other mans baby at time of marriage, hid material facts, or did fraud, you can get the  the marriage annulled as well.

Thank you

Anik Miu
Advocate, Bangalore
8742 Answers
109 Consultations

4.7 on 5.0

For mutual consent, your have to wait for at least one year to complete. 

Adultery is not a ground of annulment of marriage but divorce. Better apply for divorce on the ground of adultery and cheating. 

Yogendra Singh Rajawat
Advocate, Jaipur
22591 Answers
31 Consultations

4.4 on 5.0

For annulment of marriage adultery is not a ground, however if you ca secure evidences for her acts of adultery you can file a divorce case on the grounds of adultery.

For mutual consent divorce also you may have to wait for one year period to complete the marriage.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

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