Contested divorce
4 months ago
My Sister was married 1 year and 8 months ago.
Her husband has an affair with another women from before marriage and till it continues. After 9 months one fine day he said about his affair with that girl to my sister and my sister said ok even it was mistake stop it from now onwards but still he continues like that affair. After 3 months(exactly 1 year) my sister decided to tell this affair to her mother in law and after she confessed all about the affair her mother in law supported his husband that you shouldn't have to tell all your affairs to the wife you should have to kept it secret and maintain it secretly like that.
After her mother in law said like that she decided to attempt suicide after attempting it nearly 2 weeks she was in hospital and all her accomodations was maintained by her husband.
After that she didn't go to her husband's house. Till now it's nearly 8 months her husband didn't even called her.
My question is
1. Is it better to file a divorce case on the grounds of adultery? And we don't have proofs regarding that we just have call history of 2 months of him?
2. How long does it take to get the divorce from him?
3. Can we she divorce from him or not?
You can file a divorce on the ground of adultery. Though adultery is no more a punishable crime. You need to add more grounds to your divorce like mental harassment, torture. You can also file a 498A against your husband. You should also claim maintenance from him. It is very difficult to determine the timing of the decision of a contested divorce as it varies from case to case. It it might take 2 to 3 years or maybe finished prior to that. Hence, it is advised to consult an advocate who has expertise in divorce matters for better clearance. But before initiating a divorce case you can also send him a legal notice claiming all your demands.
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.
My answers are as follows:
1. Is it better to file a divorce case on the grounds of adultery? And we don't have proofs regarding that we just have call history of 2 months of him?
Ans: You must atleast now create and collect evidence in respect of adultery like photographs with that girl and admissions on your phone call recordings etc otherwise you may lose your case for divorce with alimony.
2. How long does it take to get the divorce from him?
Ans: If your husband contest then it will go for 2-4 years.
3. Can we she divorce from him or not?
Ans: You can give divorce and ask for mutual divorce by taking some amount has alimony otherwise put multiple cases against him and his family members to bring pressure on him.
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