How can i got divorce in case of girl is in a relationship with another one
2 years ago
How can i got divorce in case of girl is in a relationship with another one
A.Dear Sir,
You have to collect such evidence atleast by appointing detective agency. The Courts never asks you to prove 100% of such relationship with her boyfriend. Every alternative husband claims that his wife is in adultery but it is very hard to place the material before the Court.
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You have to collect such evidence atleast by appointing detective agency. The Courts never asks you to prove 100% of such relationship with her boyfriend. Every alternative husband claims that his wife is in adultery but it is very hard to place the material before the Court.
Rate me Five Star*
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi,
Even the Hindu Shastric laws which made no provisions for divorce, condemned adultery in unequivocal terms. Under the present Indian personal laws, adultery is laid down as one of the grounds for divorce or judicial separation u/S 13 of HMA. To prove adultery via circumstantial evidence, one must show that the adulterous spouse had both the disposition to commit adultery and the opportunity to do so.
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Even the Hindu Shastric laws which made no provisions for divorce, condemned adultery in unequivocal terms. Under the present Indian personal laws, adultery is laid down as one of the grounds for divorce or judicial separation u/S 13 of HMA. To prove adultery via circumstantial evidence, one must show that the adulterous spouse had both the disposition to commit adultery and the opportunity to do so.
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A.Hi,
You can file a divorce petition under Section 13 (1) (i) on the grounds of adultery, and seek dissolution of marriage. It is pertinent to mention here, that to prove adultery is generally very difficult, wherein the onus of proof is usually on the petitioner and you need to have strong and cogent evidence to prove that she has committed adultery. The evidence stated in your query will have to be examined to conclude whether they are strong and cogent evidence to prove adultery.
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You can file a divorce petition under Section 13 (1) (i) on the grounds of adultery, and seek dissolution of marriage. It is pertinent to mention here, that to prove adultery is generally very difficult, wherein the onus of proof is usually on the petitioner and you need to have strong and cogent evidence to prove that she has committed adultery. The evidence stated in your query will have to be examined to conclude whether they are strong and cogent evidence to prove adultery.
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A.The best way to get divorce is to go for MCD- mutual consent divorce if she agrees for that. If she does not agree that then you can file a case of contested divorce on the grounds of adultery and cruelty.
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Vaidehi Samant
Responded 2 years ago
A.Try to convince your wife for mutual consent divorce and if she doesn't agree than issue her a legal notice through lawyer to settle the matter and agree for mutual consent divorce, if she still doesn't agree and doesn't reply to the notice for 15 days you can approach a lawyer and file contested divorce under relevant sections of adultery under the law wherein your marriage has been registered but please note that contested divorce tales time to settle and hence before you proceed towards this better have good evidence that proves adultery of your wife such as screenshots of messages or any pictures of her with the guy she's in relation with as per you etc. Thank you.
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.If you have proof that your wife is in physical relationship with another person, then you can be entitled to file the Matrimonial Suit for Divorce on the ground of Adultery on the part of your wife. Adultery is not a crime in India but a sufficient ground for divorce if you able to prove it.
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