Husband seeking divorce ...infidelity of wife ...within 2 months of marriage

In my opinion, it will be easier for the husband to be granted divorce on grounds of adultery if he has definitive proof of his wife having slept with someone else. (For instance, if they spent a night together in the same hotel, the hotel's CCTV shall yield something useful.) The phone recording may help, but if the wife hasn't been in physical contact with the other man in question, it will be harder to prove adultery. Please refer to section 13 of the Hindu Marriage Act to be more clear as to what all constitutes the grounds for divorce.

Let a very able senior LOCAL counsel of unshkable repute and integrity specializng in family matters and having successful track record opine on call recordings and also other corroborating evidences that can help.

The evidence should stand in court and counsels of OP shall certainly try to dislodge. 

Adultery is a ground for divorce. so husband will succeed if he proves the same

Originally posted by : rahul
	Can a husband file a divorce petition within a 2 months of marriage ....if he finds infidelity relationship of his wife.......the husband has call recording of his wife Mobile and find out the infidelity .... what is the legal status of this recording as an evidence in court of law.... husband has founded the wife red handed with someone and recorded the incident.....if his Wife family members are ready for divorce...... what to do or if not agree what to do.......     husband needs the divorce as soon as possible

 

 

Q1. Can a husband file a divorce petition within a 2 months of marriage 

Answer: Section 14 in The Hindu Marriage Act, 1955 bars the petitioner to file divorce case before expiry of one year of marriage. But family courts can entertain a plea for divorce before one year of marriage “where the petitioner faces exceptional hardship or exceptional depravity at the hands of the respondent.”

So, if you think you have proof for exceptional hardship you can file Application seeking permission to file divorce case in family court.

 

Q2.If Wife family members are ready for divorce

Answer: If your wife is ready for divorce you can apply for annulment of marriage under Section 12 (c) of the Hindu Marriage Act, 1955, that consent of marriage was taken by force. It is the fastest way

THE HINDU MARRIAGE ACT, 1955

https://highcourtchd.gov.in/hclscc/subpages/pdf_files/4.pdf

 

Before dumping oneself in courts one should become properly informed and check the evidence one has.

The OP will certainly attempt to dislodge in court.

If you are confident that as PIP you can handle. go ahead.

Preferably keep a very able counsel on back.

If you can not handle as PIP engage a a very able counsel as already suggested.

If amicable settlement is possible, go for it.

In adultery (infidelity) cases, which are criminal, the court cannot presume that evidence shown leads to a conclusion that given an opportunity s*xual union would have taken place. But in case of divorce cases, which are civil in nature, if husband is able to give evidence from which it can be inferred that intercourse is a possibility and relationship was certainly not morally acceptable then the divorce can be granted and can be sought early. So it all depends on what kind of recording you have as evidence, are they in compromising situation or even more explicit. If so then you can certainly move for divorce. Be careful about how to get these evidences admissible in the court, keep the original recording instrument safe.

You should first contact your wife if you want divorce from her.  You are wasting time by contacting forum and the lawyers.  

If amicable settlement is possible, go for it.  

 

Apply your own skills.

O Take help of anyone and everyone..................elders of the family, nuetral well wishers,shrude negotiators that can remain gentle and amiable..........

what about the call recording evidence and their admissiblity in court ....cite me the supreme court judgement and relevent section in Indian evidence act ,information technology act,etc. and what best i can do if wife is not ready for divorce....

under which provision of law the family court are accepting the case before 1 year of marriage...plz cite them

try to settle the matter outside the courts as far as possible.

Courts are nothing but litigation centers. You will get frustrated if evidence is not fool proof. Your wife may also hit back filing defamation cases/ false cases.

Only if you have solid / fool proof evidence then u can dictate your terms. And mostly if u have the evidence , wife will herself surrender and agree for divorce.

Tread cautiously and appoint a criminal/reputed lawyer and then proceed.

You can file a Petition for declaring the marriage as null and void under Sec 12 of HMA on the ground of fraud/ misrepresentation.