• Wife filed DV knowing that I had an affair with a girl before marriage

Wife filed dv against me knowing that I had an affair 
Before marriage. She even has some of mine and exgirlfriends photos . But all this happened before my marriage. Can my wife proov me guilty.
Asked 7 years ago in Family Law
Religion: Hindu

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6 Answers

1) your affair before marriage are immaterial

2) contest DV case

3) deny all allegations made in complaint

4) contested DV cases take 6 years to be disposed of

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

Burden of proof is on wife to prove allegations made in complaint

2) mere talking to ex girl friend is no offence

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

Your relation with another girl before marriage does not violate or vitiate the matrimonial relation which came into existence subsequently. No action whether domestic violence, cruelty, divorce or adultery can be taken on your pre-marital conduct. You can not be held guilty on that count. You must stop taking interest in your girl friend now and try to establish the faith trust and sanctity in matrimonial relations.

H. S. Thukral
Advocate, New Delhi
620 Answers
204 Consultations

5.0 on 5.0

1. DV case means domestic violence case and how come having affair can be constituted as an act of DV?

2. Having an affair before marriage is not a crime enlisted in IPC.

3. Photos of girls friend be it ex or presnt, does not constitute any case against you.

4. There is no guilt from your side for which your wife can not prove you guilty at all.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

1. talking to ex-girlfriend after marriage is no crime as per IPC.

2. Your wife has no case against you legally.

3. However, it will be prudent on your part to continue talking to your ex0girl friend after marriage since it may rouse some suspicion in the mind of your wife.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

Having an affair before marriage is not actionable by the spouse after marriage. A pre-marital affair is not an act of cruelty as cruelty takes within its sweep only the post-marriage acts and omissions.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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