Divorce
K K S V SOMESWAR
(Querist) 17 December 2017
This query is : Resolved
25 yrs old girl married a 27 yrs boy who is working in US and hail from India. The girl went as house wife. The marriage happened 2 months back. She went with boy on his VISA and stayed for one month. She is having a love affair and physical relationship with another person few years before marriage and that was concealed at the time of marriage by her and parents. This was revealed by the girl to the boy after reaching US. The boy took possession of their facebook chat which was there since october 2016 to 30th november 2017 that contains heavy daily chat between them and also confirms their physical relationship. As per the suggestion by the lover the girl attempted to cut her hand and threatened the husband to send her to India as she wanted to unite with the lover. Husband immediately booked a ticket a week back and sent her to India as she is threatening him. Husband recorded her video stating that she does not like her husband and she loves her lover and want to go to him and it is purely her independent decision and there is no pressure from husband or husband's parents. two video recordings were there and also facebook chat and photos confirming their love and physical relationship. husband's parents also recorded the telephone talk with wife's parents that shows she is in love with that fellow but not so intense as they did not know the facebook chat and photos. under these circumstances what are the options before husband who is staying in US as the marriage happened 2 months back spending 20 lakhs by his parents towards marriage and arrangements.
1. Can he issue legal notice to the wife mentioning all the facts about video recordings, facebook chat ?
2. Can he go for filing defamation as his reputation is tarnished because of marrying her ?
3. if the girl's parents won't turn up for legal notice how can he proceed ?
4. Is the video recordings and facebook chat enough for getting divorce by the husband ?
I request the experts to kindly advise in this matter and help the husband.
Vijay Raj Mahajan
(Expert) 17 December 2017
The best option for the husband is to seek annulment of marriage on the ground of fraud i.e. non-concealment about the material fact or circumstance concerning the respondent/wife.
The divorce petition within one year of marriage will not be entertained unless exceptional circumstance exists and annulment of marriage seems to be best option for the husband with all the evidence in his possession about the wife and her pre-marital relationship with another person whom she still loves and want to live. The wife may not oppose such annulment petition can get early result from the Family Court in India.
As far seeking financial damages and cost of marriage etc. is concerned that seems difficult in the present circumstance as the wife side if asked for this will not agree for annulment of marriage and rather lodge false dowry demand, domestic violence and cruelty criminal complaint against the husband and his parents. The wife side will than ask for heavier financial cost and damages from the husband to get ride of all these false charges.
Please don't tell me what you have with you to disprove all the false allegations as I sit in India and dealing such cases on daily basis in Indian courts and you are sitting in USA showing your point of view and research done on internet with half information posted therein.
Sankaranarayanan
(Expert) 17 December 2017
Even any patch up through the senior or family friends hope it will not be materialised, so find a lawyer and act according to their advice
