Divorce procee
5 years ago
My wife is onthere relationship. not happy with me. I want to divorce him. How can I do it
Shreyash Mohta
Responded 5 years ago
A.Sir , to help you better with your query it will be of great help if I could know the religion that you practice.
However with that detail lacking here.
Your wife being in another relationship is a case of adultry which is one of the provisions to get a divorce.
Now , coming to your question.
There are two ways of getting a divorce
1. Mutual Divorce (whereby both the parties agree to give a divorce and also agree with the terms and conditions mutually)
2. Contested Divorce (whereby either of the party is of the opinion that divorce should not be given and he/she shall contest the divorce petition)
Divorce is generally granted taking into consideration the personal laws.
If you are a hindu by religion then
divorce may be granted mutually under section 13b of the Hindu Marriage Act, 1955
and other wise under any of the provisions of section 13 of the said act. [provided that the necessary conditions of those provisions are fulfilled]
In your case the ground of divorce for you will be attracted under section 13(1)[i] of the said act which states that
Any marriage solemnized, whether before or after the commencement of this Act, may on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party
[i] has, after the solemnization of the marriage, had voluntary sexual intercourse with any person other than his or her spouse.
1[ia] has, after the solemnization of marriage, treated the petitioner with cruelty.
Section 10 of the same act defines adultery as a ground for judicial separation. the provision states that the parties to a marriage may file a decree for judicial separation under any of the grounds mentioned in section 13(1), irrespective of the marriage being solemnized after or before the commencement of this Act.
In the case of SULEKHA BAIRAGI vs PROF. KAMALA KANTA BAIRAGI, both section 10 & 13 of the hindu marriage act came into play.
Facts : According tot he husband, her wife used to visit the house of a co-respondent and was even found in a compromising situation with him, also she used to neglect her duties.
The decision was taken in favor of the husband on merit of the evidence so provided, and judicial separation was granted.
MUSLIM LAWS ON ADULTRY
Adultery, according to QURAN, is a severely punishable offence & is prescribed to be dealt with by way of stoning to death But because India is a democracy which demands humane treatment of its citizens according to the constitution of India such practice is snot found. HOWEVER, the husband has every right to divorce his wife if he is capable of proving that his wife had an adulterous relationship.
CHRISTIAN LAWS ON ADULTERY AS A GROUND FOR DIVORCE
The law regarding divorce & judicial separation for Christians in India is contained in the Indian Divorce Act, 1869 whereby section 22 of the bars divorce mensa et toro (the spouses may legally live apart, but they are still legally married). However, it makes provisions for a decree of judicial separation which is similar to that of section 10 of the Hindu Marriage Act, 1955.
The procedure for divorce in India under the Christian Marriage Act is dual in nature.
1. The couple has to obtain an annulment from the church and then they may approach the court for a decree of divorce.
However, under this Act, the wife needs to show more than just adultery as a ground for divorce whereas the husband on has to prove that the wife had indulged in an adulterous act.
Section 11 of the said Act, however provides that the adulterer has to be pleaded as the co respondent.
THE SPECIAL MARRIAGE ACT , 1954
This act recognizes adultery itself as a valid ground for divorce & no other additional offence needs to be proved in order to obtain a decree of divorce or judicial separation.
In the case of Sari vs Kalyan, it was stated that adultery need not to be proved beyond reasonable doubt & that circumstantial evidence is enough to suffice.
There is no hard & fast rule that can be commonly used for all adultery - related cases. the court has its own discretion & decides each case on its own merits & demerits.
Hope this helps you. Thanks.
However with that detail lacking here.
Your wife being in another relationship is a case of adultry which is one of the provisions to get a divorce.
Now , coming to your question.
There are two ways of getting a divorce
1. Mutual Divorce (whereby both the parties agree to give a divorce and also agree with the terms and conditions mutually)
2. Contested Divorce (whereby either of the party is of the opinion that divorce should not be given and he/she shall contest the divorce petition)
Divorce is generally granted taking into consideration the personal laws.
If you are a hindu by religion then
divorce may be granted mutually under section 13b of the Hindu Marriage Act, 1955
and other wise under any of the provisions of section 13 of the said act. [provided that the necessary conditions of those provisions are fulfilled]
In your case the ground of divorce for you will be attracted under section 13(1)[i] of the said act which states that
Any marriage solemnized, whether before or after the commencement of this Act, may on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party
[i] has, after the solemnization of the marriage, had voluntary sexual intercourse with any person other than his or her spouse.
1[ia] has, after the solemnization of marriage, treated the petitioner with cruelty.
Section 10 of the same act defines adultery as a ground for judicial separation. the provision states that the parties to a marriage may file a decree for judicial separation under any of the grounds mentioned in section 13(1), irrespective of the marriage being solemnized after or before the commencement of this Act.
In the case of SULEKHA BAIRAGI vs PROF. KAMALA KANTA BAIRAGI, both section 10 & 13 of the hindu marriage act came into play.
Facts : According tot he husband, her wife used to visit the house of a co-respondent and was even found in a compromising situation with him, also she used to neglect her duties.
The decision was taken in favor of the husband on merit of the evidence so provided, and judicial separation was granted.
MUSLIM LAWS ON ADULTRY
Adultery, according to QURAN, is a severely punishable offence & is prescribed to be dealt with by way of stoning to death But because India is a democracy which demands humane treatment of its citizens according to the constitution of India such practice is snot found. HOWEVER, the husband has every right to divorce his wife if he is capable of proving that his wife had an adulterous relationship.
CHRISTIAN LAWS ON ADULTERY AS A GROUND FOR DIVORCE
The law regarding divorce & judicial separation for Christians in India is contained in the Indian Divorce Act, 1869 whereby section 22 of the bars divorce mensa et toro (the spouses may legally live apart, but they are still legally married). However, it makes provisions for a decree of judicial separation which is similar to that of section 10 of the Hindu Marriage Act, 1955.
The procedure for divorce in India under the Christian Marriage Act is dual in nature.
1. The couple has to obtain an annulment from the church and then they may approach the court for a decree of divorce.
However, under this Act, the wife needs to show more than just adultery as a ground for divorce whereas the husband on has to prove that the wife had indulged in an adulterous act.
Section 11 of the said Act, however provides that the adulterer has to be pleaded as the co respondent.
THE SPECIAL MARRIAGE ACT , 1954
This act recognizes adultery itself as a valid ground for divorce & no other additional offence needs to be proved in order to obtain a decree of divorce or judicial separation.
In the case of Sari vs Kalyan, it was stated that adultery need not to be proved beyond reasonable doubt & that circumstantial evidence is enough to suffice.
There is no hard & fast rule that can be commonly used for all adultery - related cases. the court has its own discretion & decides each case on its own merits & demerits.
Hope this helps you. Thanks.
Helpful
Helpful
Share
A.Dear Client,
Go to an Advocate who is good in Family Law.
File a Divorce case.
If your wife agrees then file the divorce with mutual consent and
your case will be solved within 6 months.
Shanti Ranjan Behera
Advocate
Go to an Advocate who is good in Family Law.
File a Divorce case.
If your wife agrees then file the divorce with mutual consent and
your case will be solved within 6 months.
Shanti Ranjan Behera
Advocate
Helpful
Helpful
Share
A.yes file divorce case on adultery ground
Helpful
Helpful
Share
Rameshwar Dadhe
Responded 5 years ago
A.U have burden to prove it.
Helpful
Helpful
Share
Read Related Answers
Spouse having affair in her office
Dear Sir,
Yes, you can do the same and the employer may cooperate with you to avoid dirty situation in the office premises.
Sister troubled marriage, Hate, abuses and constant threats
Dear Sir,
Your sister requires family counseling and you may arrange for the same and give her all required moral support to solve her personal problem.
Ex Parte - Set aside petition time limit
Dear sir
By enclosing application under Section 5 of Limitation Act seeking condonation of delay application under order 9 Rule 7 CPC may be submitted.
Divorce - After tero certificate is there any procedure left to do
Dear Sir
You have to consult local lawyer having knowledge about local laws which are some what different from laws prevailing in other parts of country.
Regarding divorce
Dear Client,
A Muslim man can legally have up to 4 wives at a time, as granted by the Quran. However, he must have the capacity to treat all wives equally and justly. A Muslim man can marry up to fo...
Read Blogs on Divorce
Divorce Lawyers
Find Lawyers by Location
