I m in extramarital affair before marriage I want divorce.

545 votes

​You will need to file a Contested Divorce Petition under Section 13 of the Hindu Marriage Act, 1955, as your spouse and family are not consenting to a mutual separation. Since a mutual consent divorce is not an option right now, you can approach the Family Court to seek a contested divorce on grounds of mental cruelty (due to the absolute lack of physical and emotional cohabitation) or non-consummation of marriage, depending on the exact circumstances.

Advocate Anurag Bhatt LawRato

681 votes

Indian law permits divorce only on legally recognized grounds, such as mutual consent, cruelty, desertion, adultery, conversion, mental disorder, or other grounds available under the applicable personal law. Divorce cannot be granted merely because one spouse no longer wishes to continue the marriage. Since you say the marriage was forced, there may be a legal remedy, depending on the specific facts, timing, and evidence. Alternatively, based on the facts stated, your best practical option may be to explore mutual consent divorce. You may speak to your wife respectfully, either directly or through family elders, counsellors, or mediators. If she agrees, you should be prepared to settle reasonable alimony and/or monthly maintenance, depending on the financial circumstances, as agreed between the parties or as directed by the court. Do not file any false case or make false allegations against your wife or her family. It is illegal, unethical, and can seriously damage your own case. Also, if you are mentally disturbed, please seek counselling or medical help, and try to resolve the issue lawfully through mediation.

Advocate Vishal Batra LawRato

764 votes

Hello, I understand the mental distress caused by a forced marriage with no emotional or physical bond. Under Hindu Marriage Act, 1955, you have legal options even if your wife/family don't agree. 1. Divorce Ground - Cruelty: Mental cruelty due to forced marriage and lack of conjugal relationship is a valid ground under Section 13(1)(ia). Your suffering can be presented as cruelty. 2. Mutual Consent Divorce: If not possible, you can file contested divorce. Forced marriage itself can be a ground if you can prove coercion at the time of marriage. 3. Next Steps: You need to collect proof of separation, lack of relationship, and your mental distress. A legal notice can be sent first. Since you mentioned a pre-existing relationship, please note that adultery is no longer a criminal offense but can be used as ground for divorce. For detailed case strategy, documentation required, and filing process, a consultation is necessary. You may connect through LawRato to discuss further. Regards, Advocate Shamma Perween

Advocate Shamma Perween LawRato

855 votes

As your lawyer, my advice is that you should not lose hope simply because your wife and both families are unwilling to agree to a divorce. Under Indian law, a spouse cannot be compelled to remain in a marriage if valid legal grounds exist for its dissolution. If you were forced into the marriage and there has never been a genuine emotional or physical relationship with your wife, you should immediately consult a family law advocate to assess the facts of your case and determine the appropriate legal grounds for filing a contested divorce under your personal law. You should understand that your relationship with your girlfriend is not, by itself, a legal ground for divorce. In fact, relying on that relationship may weaken your case. Instead, your case should focus on the circumstances of your marriage, the complete breakdown of the marital relationship, and any legally recognized grounds such as mental cruelty or other applicable grounds supported by evidence. You should also conduct yourself with dignity throughout the proceedings. Do not threaten, harass, or mistreat your wife, and continue to comply with your legal obligations until the marriage is dissolved by a competent court. Preserve all relevant evidence, including communications, documents, and any material that supports your claims. If the Family Court refers the matter for mediation, participate sincerely. However, if reconciliation is genuinely impossible, you should pursue the divorce proceedings without hesitation. If this situation has caused significant mental stress, you should also seek professional counselling. Taking care of your mental health while following the proper legal process will help you make informed decisions. With proper legal representation, patience, and credible evidence, you can pursue a lawful and dignified resolution to your matrimonial dispute.

Advocate Lalit Saxena LawRato