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Shiva   27 October 2024

Adultery in the first year of marriage

Hello Everyone,

At the beginning of this year, I entered into an arranged marriage. Just after our wedding, my wife revealed that she had been in a ten-year relationship that she was struggling to move on from. Although I felt deeply cheated, I chose to support her hoping to save our marriage.

After two months of effort, I encouraged her to take time to consider her feelings because her situation was getting worse. Eventually, her family informed me that she did not wish to continue with the marriage. To make matters worse, they began spreading false rumors about me, claiming it was my second marriage and that I had multiple affairs. This is to save their face in the society.

Recently, I saw her with her former boyfriend, appearing very close, and they are spending time together at a hotel. This situation has left me feeling heartbroken and frustrated.

I’m considering a few options:

  1. Present evidence of their relationship to her parents to push for a mutual agreement.
  2. File for divorce on the grounds of adultery, using the proof I have to seek a settlement.
  3. Involve the police to catch them together, which could lead to legal action against both of them.

I would greatly appreciate your thoughts on the best course of action.



Learning

 6 Replies

T. Kalaiselvan, Advocate (Advocate)     27 October 2024

The first option may be more effective provided her parents agree for mutual consent divorce, however you may have to wait for at least one year to file the divorce case

For the second option you may have to collect substantial evidence to prove her acts of adultery and also the particulars of the adulterer, hence without that your mere allegations may backfire.

The third option is not maintainable because the police cannot interfere in one's personal life especially on such extra marital affairs.

Dr. J C Vashista (Advocate )     28 October 2024

Proceed for mutual consent divorce if you can persuade your wife.

It is very difficult to prove adultery for making a ground for divorce, however, adultery is no more a crime now. Police cannot take cognizance of adultery to proceed.

Real Soul.... (LEGAL)     28 October 2024

repeated query ,,,, prevously answerd

 

Muhammad Ayyub (Lawyer)     28 October 2024

You can show her family proof of her relationship to encourage them to agree without causing more conflict. If that doesn’t work, you could file for divorce based on cruelty or emotional distress, since proving adultery can be difficult without police support. police aren’t accepting these complaints. Talk with a divorce lawyer for specific guidance.

Shiva   03 November 2024

Thank you, everyone, for your valuable suggestions. FYI, I have evidence, like photos and videos of them together, going to and staying in the hotel for three days. I also know the complete particulars of the adulterer. We are sure that her family will deny everything and try to put more blame on me. Is there a way to get the hotel's CCTV footage and booking details? This will add more evidence and support her adultery

Alpa Jogi (Advocate) (Advocate)     04 November 2024

My pointwise views on the options suggested by you are as below

1) Yes you can try to get proofs and put pressure on the family and make them agree for a mutual divorce.

2) You need some very good circumstancial evidences of Adultery as you wont be getting any direct evidences of Adultery. Like video/CCTV footage of them going inside/coming outside of hotel, testimony of hotel staff, Hotel register etc. This may help you in proving the Adultery. Else, Adultery is one of the most difficult thing to be proved in the court of Law.

3) Adultary is no more an offence. So I am affraid if police will play any role in it. So not a practicle option. Still you can try.

 

Regards

Alpa Jogi (Advocate)

Divorce Lawyer in Ahmedabad


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