Forced marriages and Divorce

Dear Client,
The relationship of either spouse with another woman or man is defined as Adultery under Section 13 (1) of the Hindu Marriage Act. 1955 and considered a valid ground for divorce by the Marriage Laws Amendment Act, 1976. However, an extramarital affair or adultery is no longer a criminal offense as per the judgment passed by a five-judge Bench of the Supreme Court on September 27th, 2018, decriminalizing adultery. However, adultery can still be considered grounds for divorce and can have legal and social consequences. Various High Courts and the Supreme Court have recognized adultery as valid grounds for one-sided divorce, defining what constitutes adultery in different contexts. The Hon'ble Punjab and Haryana High Court has held that a couple living together without divorcing the earlier spouse does not fall within the definition of a "live-in relationship" or ties in the "nature of marriage". The court also said it constitutes an offense of bigamy under Sections 494/495 of the IPC (Sections 82(1) & 82(2) of BNS) that attracts a punishment of imprisonment for seven years or more, depending on the crime. Section 13 (1) (ia) of the Hindu Marriage Act, 1955, allows either spouse to seek divorce on the grounds of cruelty. Mental cruelty is a course of conduct on the part of one spouse that can endanger mental health and cause apprehension in the mind of the other spouse to such an extent as to be injurious for him or her to continue the marital relationship. The appellant needs to prove that further continuance of the matrimonial relationship is harmful to the mental health, along with the physical health, of the appellant. The party seeking divorce on the grounds of cruelty can submit audio, video, or written evidence to prove his or her claim. In the given scenario, B can file a divorce petition under Section 13(1)(is) of the HMA before the Family Court seeking a decree of divorce. A contested divorce is more expensive and time-consuming than a mutual consent divorce. However, grounds for one-sided/contested 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.