• Fraud done by brother-in-law hiding things before marriage

Dear sir my self goutham here last year nov 2014 i got married to an girl it was an arranged marriage but after few days i came to know that my wife is having an another affair and when we went for few investigation regarding her past life i came to know that there was lot of things hided before marriage from my wife and her brother who stays in usa my wife had lot of boy friends before marriage and even sexual relation ship with them and i finally made an decision of getting separated from her legally and said my brother in law that i wil apply for legal divorce he is threatening me by saying if i apply for divorce i should pay them 20 lakhs what is the process i am an normal employ who is working for an private sector as an sales manager and i cant give them 20 lakhs for separation any idea
Asked 3 years ago in Family Law from Bangalore, Karnataka
Religion: Hindu
1) your wife affairs before marriage are immaterial 

2) she has to be loyal to you after marriage . 

3) you cannot get divorce merely because she had affairs before marriage 

4) if you file for divorce and your wife contests it would take  5 years for case to be decided . 

5) you dont have to pay wife Rs 20 lakhs alimony amount . alimony would be decided by court 

Ajay Sethi
Advocate, Mumbai
46625 Answers
2757 Consultations

5.0 on 5.0

Hi, for alimony is concerned there is no hard and fast rule but it is the duty of the husband to maintain his wife and children.

2.it is based on your salary social status etc.
3. It is better you can file petition for divorce and don't bother too much about maintenance.
Pradeep Bharathipura
Advocate, Bangalore
4561 Answers
204 Consultations

4.5 on 5.0


You may file divorce petition on many grounds and it seems from your mail that your case is strong enough. As far as the compensation amount is concerned as per my view your wife will not be entitled for any compensation as she has done marriage on a false ground.

If you are right saying then this is fit case of divorce.
Shailendra M. Rajput
Advocate, Ahmedabad
11 Answers

4.2 on 5.0

1. You can reject the settlement offered by them, and file for annulment unilaterally against your wife.

2. To succeed in the court you will have to produce cogent evidence of her past affairs.

3. It is possible that she may hit back by filing false cases, in which event you should contest them on merits.
Ashish Davessar
Advocate, Jaipur
23092 Answers
639 Consultations

5.0 on 5.0

Hi sir/madam, please clarify about that now where is your wife is residing presently with your house or her parents house?, if your wife reside in parents house, you have to give legal notice to your wife regarding the same if you have any proof of the same of your wife's attitude and her character. If you have proof, you will file divorce case against your wife on the ground of  mental and physical cruelty on you...as per law, after the completion of one year of marriage then only you have to fie divorce case against your wife. Your marriage held in the month November 2014, it will completion in the month of November 2015. You have to file divorce case after one year, that is, in the month of December 2015. In mean while you should collect all the evidences.  Maintenance or permanent alimony to decide on the basis of the income of you only. You don't worry about it. If you want my help and legal service I will do it. It is the best way and Idea for separation.  
C. V. Jadhav
Advocate, Bangalore
472 Answers
15 Consultations

4.7 on 5.0

It is very difficult to get a virgin lady in Bangalore city. The case for men is also the same. The relation after the marriage is an important in family life. Both the partners are trust worthy to each other, being respect to each other, love to each other, better understanding to the likes, dislikes, emotions, values are important in family life. . 

Do you have any concrete proof of your wife's sexual relation ship.  In your case if decided to move divorce,then file a divorce petition but wait up to 2015 November. 

The following are the grounds for divorce under the Hindu Marriage Act, 1955.

Adultery – The act of indulging in any kind of sexual relationship including intercourse outside marriage is termed as adultery. Adultery is counted as a criminal offence and substantial proofs are required to establish it. An amendment to the law in 1976 states that one single act of adultery is enough for the petitioner to get a divorce.

Cruelty – A spouse can file a divorce case when he/she is subjected to any kind of mental and physical injury that causes danger to life, limb and health. The intangible acts of cruelty through mental torture are not judged upon one single act but series of incidents. Certain instances like the food being denied, continuous ill treatment and abuses to acquire dowry, perverse sexual act and such are included under cruelty.

Desertion – If one of the spouses voluntarily abandons his/her partner for at least a period of two years, the abandoned spouse can file a divorce case on the ground of desertion.

Conversion – Incase either of the two converts himself/herself into another religion, the other spouse may file a divorce case based on this ground.

Mental Disorder – Mental disorder can become a ground for filing a divorce if the spouse of the petitioner suffers from incurable mental disorder and insanity and therefore cannot be expected from the couple to stay together.

Leprosy – In case of a ‘virulent and incurable’ form of leprosy, a petition can be filed by the other spouse based on this ground.

Venereal Disease – If one of the spouses is suffering from a serious disease that is easily communicable, a divorce can be filed by the other spouse. The sexually transmitted diseases like AIDS are accounted to be venereal diseases.

Renunciation – A spouse is entitled to file for a divorce if the other renounces all worldly affairs by embracing a religious order.

Not Heard Alive – If a person is not seen or heard alive by those who are expected to be ‘naturally heard’ of the person for a continuous period of seven years, the person is presumed to be dead. The other spouse should need to file a divorce if he/she is interested in remarriage.

No Resumption of Co-habitation – It becomes a ground for divorce if the couple fails to resume their co-habitation after the court has passed a decree of separation.
Ajay N S
Advocate, Ernakulam
2815 Answers
47 Consultations

5.0 on 5.0

Regarding the Maintenance to a spouse – Alimony 

The Supreme Court of India has held that no fixed formula can be laid for fixing the amount of maintenance. It has to be in the nature of things which depend on various facts and circumstances of each case. The court has to consider the status of the parties,their respective needs, the capacity of the husband to pay, having regard to reasonable expenses for his own maintenance and others whom he is obliged to maintain under the law and statute.
The courts also have to take note of the fact that the amount of maintenance fixed for the wife should be such as she can live in reasonable comfort considering her status and mode of life she was used to live when she lived with her husband. At the same time, the amount so fixed cannot be excessive or affect the living condition of the other party. These are all the broad principles courts have to be kept in mind while determining maintenance or permanent alimony.
While calculating the maintenance.
1.	Total monthly Income of both Husband as well as Wife.
2.	Number of children’s
3.	Number of years of marriage.
4.	In case of the Income of wife is 50 % of Husband's salary then she do not get maintenance.
5.	In case if she has to take care of her child also then in such cas maintenance amount would be more.
6.	If the wife is well qualified and well settled then percentage of maintenance would be less but yes now a day maximum cases goes in favour of wife only.
7.	Or else if you do not want to share your salary and property then you convince your wife for a permanent alimony in which whatever she will demand you have to pay her in one attempt then she will not be able to claim for any other thing in future. But all this you do it as per the court procedure to avoid in future problem.
8.	As regard to distribution of you salary between three wives, I would like to inform you that yes you have to pay all three wives maintenance but again I will repeat the point no. to 4 again.
9.	One important point while divorce neither Wife nor the Husband can claim property of someone else.
10.	A wife can claim the property which is earned by her Husband.
11.	Yes man can get a benefit of this law, I\in statue it clearly mentioned that either of the parties can claim maintenance, that is either Husband or Wife, even you can claim maintenance from your wife if you may able to prove that you do not have earning source and your wife has earning sources and she has also acquired a properties in her Name.

Note : The maintance amount can get higher if its a long marriage.The maintenance amount is calculated (approximately) by taking into account the total monthly take home income (ie. without tax) of both the spouses. The educational background of the spouses, the number of years of marriage, number of children and child custody are also major factors, which govern the maintenance amount. Think do have any need to pay 20 lakhs...
Ajay N S
Advocate, Ernakulam
2815 Answers
47 Consultations

5.0 on 5.0

If you have decided to divorce your wife then what made you to take the permission of her brother for this?, you have to just inform him that since she had illegal and extra marital relationship well before the marriage and probably she is still continuing to have such affairs in the present day too, it has been decided to divorce her due to her characterless activities.  If he is claiming the said amount let him do it in the court, why do you get worried about it now itself, they have to prove before the court their claims with substantial documentary evidences. 
Further you may have to wait for atleast one year period from the date of marriage for filing divorce petition, so dont rush up now itself and reveal your intentions so that they will become aware of your action plan and to defend themselves, they may even try to lodge false police cases against you to pressurise you to abandon your decision to divorce her.
T Kalaiselvan
Advocate, Vellore
36743 Answers
403 Consultations

5.0 on 5.0

1. You should have conducted the said search about the past life of your wife before your mrriage and not after marriage,

2. It will be dificult for yoy to prove her s*xual relationship with any body before your marriage and having boy friend or affair before marriage  is not at all a ground for seeking divorce,

3. So, find more acceptable ground to file a divorce suit against her after completion of one year of marriage.
Krishna Kishore Ganguly
Advocate, Kolkata
18730 Answers
452 Consultations

5.0 on 5.0

You will bebasked go pay ojebtime alimony only if both of you are opting for Mutual consent divorce.

If her demands are too much, you apply for divorce in the ground of crualty and even fraud (if you have material evidence)

Tell them about your intention to take the matter to court and reveal all the fraud and decite played by them. 

Negotiate on the terms of settlement. Its always good to settle amicably than to fight long and tiring legal battle. Take professional help in negotiating the terms of the settlement.
Sandeep Hegde
Advocate, Bangalore
403 Answers
117 Consultations

4.8 on 5.0

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