• How to initiate divorce after 3 months of marriage

I have been married since last 3 months and came to know my wife had an affair before the marriage and even after the marriage the she is continuing with the other man. I had to travel abroad after the marriage and she did not travel with me and continuing the love affair in India. I came to get hold of some of the photograph with her affair before marriage and wanted to give her a chance. As nothing is working out, I need to go for the divorce. Please let me know the pros and cons, procedure of it and how long it might take. Do I need to travel back India for initiating the process.? Please suggest and help me out of this trouble. Thank you.
Asked 2 years ago in Family Law from United States
Religion: Hindu
1) you cannot file for divorce unless period of one year has elapsed from date of marriage 

2) it is only in exceptional circumstances can you file for divorce before expiry of one year 

3) gather evidence of her extramarital affair 

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

5) her lover must be co respondent n divorce case 

6) you can also file complaint of adultery against her lover under section 494 of IPC for having sex with your wife after marriage and without your consent 
Ajay Sethi
Advocate, Mumbai
45573 Answers
2677 Consultations

5.0 on 5.0

1. If you have evidence to prove the extra marital affair of your wife then you may apply for dissolution of marriage on the ground of adultery, which she may contest in defence. 

2. The tentative time period for conclusion will be subject to the backlog of cases in the court.

3. You are only required to sign the petition and vakalatnama in favour of your lawyer. If you can do this from US then you do not need to come to India for the initiation of the process.
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

No petition for divorce to be presented within one year of marriage .?
(1) Notwithstanding anything contained in this Act, it shall not be competent for any court to entertain any petition for dissolution of a marriage by a decree of divorce, 28 [unless at the date of the presentation of the petition one year has elapsed] since the date of the marriage: Provided that the court may, upon application made to it in accordance with such rules as may be made by the High Court in that behalf, allow a petition to be presented 29 [before one year has elapsed] since the date of the marriage on the ground that the case is one of exceptional hardship to the petitioner or of exceptional depravity on the part of the respondent, but if it appears to the court at the hearing of the petition that the petitioner obtained leave to present the petition by any misrepresentation or concealment of the nature of the case, the court may, if it pronounces a decree, do so subject to the condition that the decree shall not have effect until after the 30 [expiry of one year] from the date of the marriage or may dismiss the petition without prejudice to any petition which may be brought after the 31 [expiration of the said one year] upon the same or substantially the same facts as those alleged in support of the petition so dismissed.
(2) In disposing of any application under this section for leave to present a petition for divorce before the 32 [expiration of one year] from the date of the marriage, the court shall have regard to the interests of any children of the marriage and to the question whether there is a reasonable probability of a reconciliation between the parties before the expiration of the 33 [said one year].

Nadeem Qureshi
Advocate, New Delhi
4856 Answers
221 Consultations

4.9 on 5.0

If you want to file for divorce with in 1 year of marriage you should file for leave of appeal u/s 14 of hindu marriage act . Once leave of appeal is granted then divorce proceedings will commence. You will be required to come to India for filing of leave of appeal and then the proceedings can be followed up by granting power of attorney through a family member. You will be required to come to court at evidence and cross examination stage ( so totally you will be required to attend court 4 times).  Procedure depends on evidence you have at hand and the calibre of lawyer you hire. A good lawyer can help you getting a favorable decree with in 6/7 months.
Rajgopalan Sripathi
Advocate, Hyderabad
1307 Answers
159 Consultations

5.0 on 5.0

You  can file a petition for annulling your marriage by a decree of nullity on the grounds of her adulterous life which existed in the pre-marital life and continuing till this date even after marrying you.  You may have to produce clinching evidence for this to prove your case.
An annulment is a legal procedure which cancels a marriage between a man and a woman.
The ground is that the petitioner has, with his or her full consent, lived with the other party to the marriage as husband or wife after the force had ceased to operate or, as the case may be, the fraud had been discovered;
that the petitioner was at the time of the marriage ignorant of the facts alleged;
that proceedings have been instituted in the case of a marriage solemnized before the commencement of this Act within one year of such commencement and in the case of marriages solemnized after such commencement within one year from the date of the marriage; and
that marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of the existence of the said ground.

You may have to prove that they were living as husband and wife prior to this marriage unless the annulment petition cannot be maintainable; 
In that case you may have to wait for completion of one year to file a contested divorce case on the grounds of adultery.
T Kalaiselvan
Advocate, Vellore
35750 Answers
388 Consultations

5.0 on 5.0

having affair with boyfriend after the marriage is constitute act of unchastity and comes under the head of adultery under section 13 of HMA. you can file divorce case on the ground of adultery. 

if this fact is known to her parents before the marriage you can file a case under section 12 for nullity of marriage on the ground of fraud (suppression of material fact at the time of marriage) it is maintainable within one year of marriage. 
Shivendra Pratap Singh
Advocate, Lucknow
5066 Answers
78 Consultations

4.9 on 5.0

1. You can file divorce suit only after 1 year of marriage and not before that,

2. It will be difficult to prove that she is still running an affair with her BF and pre-marriage affair will not be treated as a ground for seeking divorce,

3. For filing a divorce petition after one year of marriage, you are required to submit evidence of her adultery which is considered as a form of cruelty and cruelty is a ground for seeking divorce,

4. After you file the divorce petition, she will contest it and also will file 498A complaint and DV case also praying for maintenance and in case of registering FIR against you, you shall have to avail anticipatory bail,

5. Such contested divorce case may take around 3 to 6 years to be disposed of,

6. It will be prudent on your part to negotiate with your wife and jointly file a mutual consent divorce petition for which the decree of divorce will be passed with in 6 & 1/2 months from the date of its filing.
Krishna Kishore Ganguly
Advocate, Kolkata
18510 Answers
448 Consultations

5.0 on 5.0

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