Illegal affair by my wife
Shiva
(Querist) 01 August 2016
This query is : Resolved
Hi I am shiva here , I recently married just 5 months before , later I came to know that she had an affair with her EX - BOSS ages around 50 years, and I got few hotel bills which they booked as husband and wife and stayed together in double bed room, now I need an divorce and stay away from her, pls advice me to better way for divorce.
Advocate Kappil Cchandna
(Expert) 02 August 2016
Sir,
If you can prove the relationship before the date of the marriage, go for annulment of the marriage on the ground of fraud, because for dissolution of the marriage you will have to wait for one year from the date of the marriage or you can seek the waiver of 1 year period from the SC under Article 142 of the Constitution of India.
You can file the criminal case of adultery on her boss U/S 497 of the IPC.
Warm Regards
Kapil Chandna Advocate
9899011450
R.K Nanda
(Expert) 02 August 2016
Nothing to add.
Guest
(Expert) 02 August 2016
Well advised by experts.
Kumar Doab
(Expert) 02 August 2016
You can benefit from advise of experts.
P. Venu
(Expert) 02 August 2016
It appears from the facts stated that that the alleged affair happened before marriage. If so, that 'affair' alone, improper it may be, does not constitute a ground for seeking divorce or for annulment of marriage.
Sudhir Kumar, Advocate 
(Expert) 02 August 2016
agreed with Mr Venu.
I will add that it will be a good attempt to provoke wife to file false cases on you.
Shonee Kapoor
(Expert) 04 August 2016
Solely hiding an affair, which is not continuing can not be the basis of annulment.
If the affair and physical relation are still continuing, you can get divorce on the grounds of Adultery.
Regards,
Shonee Kapoor
www.shoneekapoor.com
Adv FAMILY COURT Misra
(Expert) 02 August 2016
