Seeking divorce
5 months ago
I got married in 2009 and have two kids.Me and my wife are living apart under a roof fron last 1.5 years because she had an extra marital affair and i heard their call recordings .
A.Dear Client,
Sub-section 1 of Section 13 of the Hindu Marriage Act, 1955 presents the general grounds of divorce that are available to both the parties involved in a broken marriage and include cruelty, adultery, desertion, conversion, mental illness, communicable diseases, presumption of death, and renunciation of the world. etc. According to Section 13(1)(ib) of the HMA, if one of the parties to the marriage has deserted the other for a continuous period of two years immediately preceding the presentation of the petition, then that person can file a petition for divorce. Adultery was considered a ground for divorce by the Marriage Laws Amendment Act, 1976. Adultery is defined under section 13 (1) of the Hindu Marriage Act. When Either of the spouses is voluntarily indulging in an affair with another individual. So, both desertion and adultery are valid grounds to seek divorce by either spouse. Contested divorce which is also known as one-sided divorce occurs when one spouse wants to end the marriage, and the other does not agree. Various High Courts and the Supreme Court have recognized both desertion and adultery as valid grounds for one-sided divorce, defining what constitutes desertion and adultery in different contexts. Legal precedents have clarified the understanding of desertion as a ground for divorce, including the duration and intention behind the abandonment. For desertion to be considered a valid ground for one-sided divorce, desertion must have continued for a continuous period of not less than two years immediately preceding the filing of the divorce petition. If the respondent fails to appear or respond in the one-sided or contested divorce case, the court may proceed with a ruling based on the testimony of the petitioner. A contested divorce is more expensive and time-consuming than a mutual divorce. So, when there is no possibility of cohabitation and no scope of mutual divorce, you can file a one-sided/contested divorce petition before the appropriate Court praying for a decree of divorce. However, grounds for one-sided divorce reflect the various challenges and complexities that may arise in the course of divorce proceedings. It is always recommended to consult an expert divorce lawyer to get the right legal advice before filing a contested divorce petition.
Sub-section 1 of Section 13 of the Hindu Marriage Act, 1955 presents the general grounds of divorce that are available to both the parties involved in a broken marriage and include cruelty, adultery, desertion, conversion, mental illness, communicable diseases, presumption of death, and renunciation of the world. etc. According to Section 13(1)(ib) of the HMA, if one of the parties to the marriage has deserted the other for a continuous period of two years immediately preceding the presentation of the petition, then that person can file a petition for divorce. Adultery was considered a ground for divorce by the Marriage Laws Amendment Act, 1976. Adultery is defined under section 13 (1) of the Hindu Marriage Act. When Either of the spouses is voluntarily indulging in an affair with another individual. So, both desertion and adultery are valid grounds to seek divorce by either spouse. Contested divorce which is also known as one-sided divorce occurs when one spouse wants to end the marriage, and the other does not agree. Various High Courts and the Supreme Court have recognized both desertion and adultery as valid grounds for one-sided divorce, defining what constitutes desertion and adultery in different contexts. Legal precedents have clarified the understanding of desertion as a ground for divorce, including the duration and intention behind the abandonment. For desertion to be considered a valid ground for one-sided divorce, desertion must have continued for a continuous period of not less than two years immediately preceding the filing of the divorce petition. If the respondent fails to appear or respond in the one-sided or contested divorce case, the court may proceed with a ruling based on the testimony of the petitioner. A contested divorce is more expensive and time-consuming than a mutual divorce. So, when there is no possibility of cohabitation and no scope of mutual divorce, you can file a one-sided/contested divorce petition before the appropriate Court praying for a decree of divorce. However, grounds for one-sided divorce reflect the various challenges and complexities that may arise in the course of divorce proceedings. It is always recommended to consult an expert divorce lawyer to get the right legal advice before filing a contested divorce petition.
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A.Dear Client,
In India, family matters, including issues related to marriage and divorce, are primarily governed by personal laws based on one's religion. For example, Hindu Marriage Act, Muslim Personal Law, Christian Marriage Act, etc. Adultery is considered a valid ground for divorce under various personal laws in India. If you have evidence of your wife's extramarital affair, it may be relevant in divorce proceedings. Living apart is not equivalent to legal separation or divorce. You may want to explore the legal process of separation or divorce based on your specific circumstances. If you have children, custody arrangements will be an important aspect of the legal proceedings. Courts generally prioritize the best interests of the children in custody decisions. To file for divorce, you will need to file a petition in the family court. The petition should include details of your marriage, the grounds for divorce, and your claims for custody and maintenance.
In India, family matters, including issues related to marriage and divorce, are primarily governed by personal laws based on one's religion. For example, Hindu Marriage Act, Muslim Personal Law, Christian Marriage Act, etc. Adultery is considered a valid ground for divorce under various personal laws in India. If you have evidence of your wife's extramarital affair, it may be relevant in divorce proceedings. Living apart is not equivalent to legal separation or divorce. You may want to explore the legal process of separation or divorce based on your specific circumstances. If you have children, custody arrangements will be an important aspect of the legal proceedings. Courts generally prioritize the best interests of the children in custody decisions. To file for divorce, you will need to file a petition in the family court. The petition should include details of your marriage, the grounds for divorce, and your claims for custody and maintenance.
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