My reply to person seeking advise for divorce

ks83_Prakash Hi all, I have got married (under the Hindu marriage act) and have been married for 3 months and My wife gave me some false information which of before marriage and she was having a s*xual relationship with another person before marriage I have some proof like E mail, mobile phone recording, etc She has not just hidden this information about her past but told a white lie which is unacceptable. Pls let me know 1. If we have stayed for 3 months in marriage together, will it be considered a valid marriage for further processdings like annulment or MCD a. How should I safely go for a divorce considering a fact that her family may go to any extent to give us some trouble like charges of dowry demand or anything even worse?Please suggest any precautionary measures I should take before declaring our separation. b. What is Mutual Consent Divorce, what are the conditions to file for divorce in this case (like time limit to stay away, etc) c. My wife is qualified - MSC and PG and she is 27 yrs old and not working. What amount (or range) can I expect to be claimed by my wife on separation. What are conditions on which the Alimony amount is decided d. What is no - fault divorce and what are the conditions to be followed? e. If i plan to go for contested divorce - Under what category I would be able to apply for What is Judicial separation - can I file for separation If we stay separate for 2 years or more What is Annulment of marriage - can i file for divorce on grounds of concealment of facts f. What are the other options available for Men to file for divorce What are the options to proceed in a safe manner - to avoid dowry and other false claims Regards, ks83 ====================================================================================== Posted a day ago [Quote] [Reply] SAINATH DEVALLA LEGAL CONSULTANT Dear Prakash, I think this query was posted a couple of weeks back in another thread.But still you have given a long list to be answered.OK, you said she has confessed to her premarital relationship with another person,and I think she was bold enough.The Emails and phone recordings as evidences have a 50-50 chances only.hat is her attitudeabout separation?Is she ready for mutual divorce. 3 months of marriage is too early for divorce.You have to wait for 2 years.The other points you need not bother at this stage. ===================================================================================== Posted a day ago [Quote] [Reply] naren Consulltant I am not an expert but from my limited knowledge. 1. its a valid marriage. Her premartial affair can't be ground for div or annulment. Post marriage affair is ground fr divorce. a. There is no safe way of contested divorce. As a precaution just collect evidence whatever you can. b. Mutual div (MCD) you need to stay separate fr 1 yr, both should agree and file joint petition called first motion. After 6 months again both go to court and request for div. c. If she is wrking and earning well no maitenance. Various factors for alimony and maintenance amounts. d. There is no fault divorce as of now (MCD can be considered as no fault also). There is a proposed amendment to marriage law that if couple stay separate fr 3 yrs then div can be claimed by anyone of them on basis of irretrivable breakdown of marriage however wife can oppose based on financial hardship. e & f experts can help ================================================================================== SUNIL KUMAR when you consummate your marriage ie have s*x with your wife and stay together it is believed that you consummate and cohibit the marriage. if at any point you have strong proof and evidence that your wife is still having s*xual relationship with some one and she didnot disclose then you can file contested divorce on the ground of single act of adultery in case of mutual divorce you must have spent atleast one year living seperately from your wife then you and your wife must present the petition in the court. alimony etc. is to be decided mutually court doesnot say anything further more six months if your wife is earning then maintenance can be decided by the court not necessarily you will have to pay i hope this will help you gud luck ====================================================================================== Posted about 19 hours ago [Quote] [Reply] SRINIVASA PRASAD Warangal A.P My wife gave me some false information which of before marriage and she was having a s*xual relationship with another person before marriage I have some proof like E mail, mobile phone recording, etc She has not just hidden this information about her past but told a white lie which is unacceptable. PRAKASH, MR. SUNIL KUMAR IS RIGHTLY ADVISED BE BOLD ===================================================================================== Alok Tholiya ;;;;;; When one is cheated then one gets hurt. However if the person cheating has reformed then forgiving him/her is best thing . If spouse is now on truthful and honest and compilable then forget abt past. There is no guarantee u will get another spouse. Not specially virgin and compatible. Go on with life with your spouse if he/she does not have other minuses. Problem will be when the spouse continues with old relations, hurts u mentally / physically and is irresponsible. Finally for men it is never win win in divorce in law and and for women it is never win win in day to day life even if she has got good alimony. One has to really weigh the situation and take steps maturely.