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ravi   15 April 2016

Marriage

Hello Everybody,

  I Ravi Sharma got married in May 2015 with Priya. Our marriage was arranged.

After 3-4 months of marriage I came to know that my wife got affairs with a muslim boy before our Marriage. and she also had done love marriage (Court Marriage) to that boy and spent married life for around 2 months. And after that she got divorce from that Boy by the Court because of her family. This situation was not known by me and my family before my marriage, and the Family member of the Girl also hide the whole Matter from us. 

And now when I came to know this matter, you all can understand it is very difficult to me to accept this marriage. So please suggest me what to do NOW. 

Can I go for Divorce case or to Accept her in my Life. 

What if I file a divorce case ?



Learning

 7 Replies

antony JP (teacher)     15 April 2016

It is your life so you must decide.......

A walk alone (-)     15 April 2016

You have two option first one you can file case on her and her family of hiding her previous marriage and divorce case also . And second one its difficult every body has his / her past. Forget her past live in present. Nothing can be gain by linking past life with present life.In present she is your wife . No matter what past she has. Live in present and enjoy your peaceful married life. Its your life choice is your to chose any option

antony JP (teacher)     15 April 2016

You may aproach the court for null and voidable marriage but you must prove that your conscent was gained by fraud.

ramesh   15 April 2016

Frnd u cant use null and void as already one yr is going to complete. First make up ur mind and discuss wid ur parents wt u u want divorce or to live wid her. If divorce thn try to tke mutual divorce 13b, one more thing i want to tell u tht indian judiciary is 99% anti male its difficult to tke divorce frm woman till u can prove of adultery. First try to collect evidence against her .

(Guest)

1) Since she is divorced, your marriage with her is legit. 

2) Hiding this information could have broken your trust in her. Go for couples counselling and try to rebuild the trust. Everyone does stupid sh*t in life. Even if you marry the perfect girl, she can do/say something that will hurt you. Everyone has to learn the art of forgiveness in life. There is no escape.

3) If you cannot do (2) it is fine. Sometimes bad sh*t happens and it alters the course of life for good. There are many legal options available to you, annulment, divorce, fraud (IPC 420, 120B) etc.

4) The absolute best legal solution is to talk it out with wife and agree to filing a mutual consent divorce.

5) If (4) does not work out and she becomes adamant then you are going to sit in the train for a long legal journey which can last anywhere between 2-8 years. Invariably such journey passes through infamous stations like CAW cell, 498A, PWDV, CrPC 125, mediation center and then land back in square one i.e. mutual consent divorce. Only difference is that lawyers make lots of money, you lose faith in marriage and the legal system for a long time. 

 

Vijay Raj Mahajan (Advocate)     16 April 2016

The marital status facts about her were not disclosed by the wife before the marriage hence she has committed act of fraud by misrepresentation for taking your consent for marriage, hence you need to file for annulment of the marriage on this ground immediately, no question of divorce in this case as this marriage need to be declared null and void.

Secondly now you have come to know about her marital status, her previous marriage etc with another man before you married her, so you should stop all relationship of husband and wife with her, secondly also check the marriage with the Muslim man she did was court marriage, if there exists document of such marriage namely copy of the marriage certificate issued by the Registrar of Marriages, thirdly if there was a divorce between them, the copy of the order and decree of divorce from the Family court..

These documents shall be confirming her previous marriage and divorce if any done in valid manner and the non-disclosure of these for taking your consent for marriage.

Annulment of marriage can be sought within one year of disclosure of the fact about the person that means you have good enough time even now to file for the annulment, please guys here don't give wrong or incomplete information about the provision of law to anyone, if you are lawyer you should be ashamed of doing so better check the Law before you reply here.

 

1 Like

KS Johal   16 April 2016

Vijay has given sound Advice.

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