divorce

Manish Raj Verma (Querist) 15 November 2010 This query is : Resolved
hello respected sirs/madams,
my client (the husband) got married in March 2010. Now he wants divorce from his wife, because she is having a pre-marital affair with someone, in her hometown, and had sexual relations with her boyfriend, and her boyfriend had mailed her private videos, messages, call recordings to the husband.
how can the husband proceed before the expiry of one year of married, as mentioned in Sec. 14 of H.M.Act. and on what grounds,
now neither the wife nor the husband wants to live together. they want divorce under mutual consent.

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Devajyoti Barman (Expert) 16 November 2010
Before the expiry of 1 year divorce suit can be filed but the further proceeding is always subject to the approval of the court which s very difficult to come by. Hence you can file suit for nullity of marriage.

s.subramanian (Expert) 16 November 2010
You can seek the leave of the court u/s 14 on the ground of extraordinary strains in the relationship and hardship caused to you which had broken down the marriage. You have a sufficient and valid reason for the leave being granted.