• How can I save me and my family and get divorce

I am from west bengal, got married on 26/10/2012. before marriage i had physical relation with my partner. my marriage is done in special marriage act. my marriage has happend in strange way. but that seems to be saving me and my family.i got my first job in 3.07.12 and joined in indore on 16.07.12 then i shifted to nashik till i left my job in octobor 15,2012.i had wish i will mary her,but as time goes on i feel she is very dangerous,and cheating me(i got informed that she had sex with other guy also).so i change my mind.but my girl friend threatning me,and force me to sign in marriage registry. marriage register was person known to her family, so they together made a conspiracy. without consulting me they give a notice date(on 12.09.12), on that day i was in lavasa(pune) for my job purpose.i came to know of all this things much after all things happened,and on 26.10.2012 my girl friend with his relative force me to sign on registry paper in one of her relative's house,where i used to go some time(all happened in a planned way without consulting me).they presented 3 witness her aunty, maternal uncle, and one her relative's neighbour .i already came back from nashik on 17th oct,2012).  after that day i was really shocked,didn't know where to go,as i knew nothing about law. also parents were not in mood to accept my girl friend,i didn't bring the issue. after registry happened, she started to mis-beheave with me,talk to me in rough language.as her only motive was to trap me and get money from me whole life-time,and to had sex  with another guy(who i don't know,but very sure about it). i started concentrate on my studies and govt job preparation,and after marriage we never had any conjugal relation,and we never stayed together till now. i didn't contacted her for almost last 2 years. but recently it becomes a headache,because i heard she is planning for some litigation against me or my family also. so ,i want to know what are the legal issues,by which she can harasse me ,how to get rid of all this things.
Asked 1 year ago in Family Law from MIDNAPORE, West Bengal
Religion: Hindu
Hi
 she  must be filing maintenance , if she is not earning  she can claim maintenance from you depending on your income. 
 If you get any notice/summons from her lawyer or court accept it and defend the same.
A forced marriage cannot be  continued, but you have done a foolishness agreeing to their coercion and force.
you should have filed police complaint for force and criminal intimidation.
having sex with your girlfriend or partner is not an offense if it  was consensual one.  Now the legality of your marriage is the trouble which you need to get rid of by filing for a divorce
engage an advocate and do the needful to get a divorce and if she comes up with something  a criminal case under IPC sec. 498A  get anticipatory bail and cooperate with the police.
If you think the marriage was forced and you don't want to be with her in this marriage , go ahead and take steps to file a divorce.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
1) gather evidence of her extra marital affair . 

2) contact a detective agency . 

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

4)in the event wife files 498A case against you apply and obtain anticipatory bail from sessions court 

5) wife can also file Domestic violence case against you . 

6)you have to file reply in DV case and contest case filed by your wife on merits 
Ajay Sethi
Advocate, Mumbai
23267 Answers
1219 Consultations
5.0 on 5.0
1) you have to deny the allegations made by your wife and contest the case filed by your wife 

2) merely because you are staying in Kolkata in place your wife doesn't know won't stop your wife from filing case against you 

3) you can file for divorce if your wife has refused to have sex with you after marriage 

4) refusal to have sex amounts to mental cruelty 

5) your marriage is not void 

6) you could have filed for annulment if marriage was not consummated on account of impotency of wife 


Ajay Sethi
Advocate, Mumbai
23267 Answers
1219 Consultations
5.0 on 5.0
1)if she filed DV case, how to same me and my family. i am staying in a place in kolkata ,which she didn't know. will this proof can save me? 
Let she file a case giving the address known to her and let the summons return undelivered, you remain not bothered about whatever happens around you until one day the summon actually reaches you. 


2)we both didn't stayed together since marriage. legally,can it be said that ,this marriage has not been consumed? 
Burden will lie on you to prove it.


3) is this a void/voidable marriage? what are the implications of it?
It is legally valid marriage.



4)i am staying in different city(kolkata). she is in relationship with someone who must staying in same district(midnapore), i don't know how to trace them. but is their any medical test that can prove,that she had sex with other guy(because we never stayed together after marriage and didn't talk to her for last 1.5 year).
First you have to establish that you both were living separately all those years from the date of marriage and then the other question arises.  If you were not living with her for those many years, how did you come to know about her illicit relationship with another person?  You have  to answer this question to the other side lawyer. 
T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
5.0 on 5.0
1. DV case is primarily for maintenance purposes and she can file this case mentioning any address you stayed ever.
2. Mere not staying together will not mean non consummation of marriage. It's very difficult to prove, more so, when both of you were sexually active.
3. It's very much valid marriage.
4. By no medical means you can prove this. Rather take please of cruelty to get divorce.
Devajyoti Barman
Advocate, Kolkata
5219 Answers
54 Consultations
4.9 on 5.0
1. Since you are married to her on paper she has all the legal rights which are available to a wife under the Indian legal framework.

2. She may launch your prosecution for dowry violence and assault, in which event you should immediately apply for anticipatory bail to preempt your arrest.

3. She may also file a case for domestic violence against you to seek compensation and maintenance by showing that she has been subjected to physical or mental abuse by you. The court will give you an opportunity to contest her cases.

4. You are at liberty to file for annulment as the marriage has not been consummated. If you are able to gather evidence of her infidelity then you may file divorce on the basis of adultery and also criminally prosecute her paramour.
Ashish Davessar
Advocate, Jaipur
18151 Answers
448 Consultations
5.0 on 5.0
1. She can lodge a 498A of IPC complaint and DV case claiming maintenance from you,

2. It will be prudent on your part to talk to her and jointly file a mutual consent divorce petition to terminate the relationship, She may demand compensation for it,

3.  Get the problem settled amicably with her.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
1. You do not know which address of yours she will put in the DV case. A notice to your Midnapore address is legally adequate,

2.& 3. Your marriage with her is legally valid,

4. Without evidence, you can not prove such a serious charge against her for which she can file a case against yiu for lodging false complaint against her.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0

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