Wife relationship before marriage are immaterial
it is not a ground for divorce
My close friend had a second marriage and for her husband also its a second marriage. She belongs to lower caste but high class family and she is working in IT company and he belongs to upper caste but middle class. She married him as he is a government employee.From day 1 of her marriage life itself her mother in law started tortured her by saying caste name and dowry.one point of time her husband also joined with his mother and started tourtured and when she was 2 months pregnant they sent her out of home in the mid night.one day her husband took her very old hard disk and found some pics with her close friendnd to whom she took a picture before marriage. after marriage, she had no contact with that guy .He sent her a notice by stating he doesnt like to live with her as he saw the pics of her with a guy taken before marriage. Will that reason valid? she has no contact with her Ex-lover after her marriage, she was very genuine with her husband.can he get divorce with this reason?
Hi, based on the past affairs that before marriage relationship are not ground for divorce. Husband can't file a petition for divorce on the above ground.
it is not sufficient or genuine ground for divorce. if he has sent notice then she should send notice for maintenance. let him face the problem now.
Hello,
- As per law, her husband cannot take any legal action against her on the ground of old pictures and video which were taken before the marriage , as it not come under the definition of extra marital affairs.
- Further on this ground her husband cannot get divorce from her legally.
- If her mother in law , creating trouble for her then she can file a compliant under the provision of domestic violence act against her.
The incidents taken place before marriage cannot be held as valid grounds or reasons for dissolving the marriage by a decree of divorce.
He cannot be successful if he relies upon such photos or any other related incidents while seeking divorce.
It is pertinent to prove that she is still continuing her previous relationship and living in an adulterous life.
Nothing to be worried about it, if at all he sends any legal notice in this connection, let she deny the allegations and give a fitting reply through her own advocate.
1. The reason shown by her husband is invalid and no divorce decree will be issued based on the said ground.
2. She should now file DV case against her husband and in laws to counter their said move.
No he can't that evidence is of no use after marriage unless she is still having illicit relationship with him
In my view, her husband has no right to get a divorce on the basis of a photo (that photo must be taken before her marriage). On a contrary, she can file a divorce petition regarding cruelty under 498A and she can also file a case under The Scheduled Castes and Tribes (Prevention of Atrocities) Act, 1989.
You can register FIR regarding your issues or problems.
Section 498A- Whoever, being the husband or the wife relative of the husband of a woman, subjects such women to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.
Explanation- For the purpose of this section, "cruelty" means-