Legal Question in Family Law in India

I got married recently. The very first day I came to know (after scanning her mobile phone) that my wife having an affair and was in a live-in-relationship with his boyfriend even during our engagement period of 2 months before marriage. During this period she continuously lied that she is staying with her female friend and me too believed this and didn't inquire too much.

After this she told me that she need sometime to forget all these and lead a normal life, but instead of all these she started behaving aggressively and quarreling unnecessarily over trivial issues.

She used to watch TV for long time, always talking over mobile phone, not cooking food properly and on time, forcing my old age mother to cook etc.

Her behavior was also very bad towards me, she used to talk for long on her mobile with her friends in front of me ignoring my presence, whenever I tried to stop she quarreled. Even I had to go to kitchen to serve food myself. Sometimes she would use my laptop and after using it to hide her activities she used to delete everything including my important business files and folders. In the meantime one day again we caught her talking to her boyfriend on mobile for which our whole family scolded her and told her that we will file an FIR on your boyfriend else talk to your parents, she cried and promised she would not do it again and pleaded not to disclose these to her family.

My mother used to scold her sometimes over her activities. But whenever my mother used to scold her she would simply call her mother and exaggerate her everything.

She always used to force me to purchase a flat in any metro cities (while I'm having a 3 story house and a nuclear family of five including my wife) not cleaning my room properly and used to make my room a mess. Sometimes she even forced me to sleep on the floor.

We sustained for two months and recently she fought over wearing jeans pant else I should wear "Dhoti" for which my parents again scolded her.

After this she started collecting her stuff, clothes, jewellery and everything including a hairpin. After 3-4 days she called her mother and brother and without discussing anything left our house. At the time of leaving we asked her to sign an affidavit where it was mentioned that she is leaving our house with all her belongings due to her personal problem and with proper consent of her parents.

What are the options left now? One month is over and there is no communication between both families.

Asked on 10/20/13, 12:34 am

2 Answers from Attorneys

Santosh Goswami,Advocate sure shot legal

See, wives always take advantage of their own wrong. I would advise you to serve a legal notice calling upon her to come back while amending her ways. This notice should be drafted skillfully as to be relied upon later on. In any divorce petition, court always see whether a conscious effort to save the marriage has been made by the parties or not.

Secondly, if you r anticipating a divorce, do collect some proof that she was in live in relationship with someone after the engagement. No strict proof is needed. Even some oral witness would be suffice. Her acknowledgement will also do.

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Answered on 10/20/13, 9:58 pm

Rajiv Gupta +91 9811284735 KarVai Legal Solutions(

Try to sort out the matter amicably and with the intervention of elders but if cant due to the temperamental difference you should go for mutual divorce paying her alimony as per her agreement otherwise she can file a case under Domestic violence and dowry harassment.

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Answered on 10/22/13, 1:08 am

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