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Contested Divorce grounds
21-Apr-2023 (In Divorce Law)
Dear All, I have been married for two years and my wife abuses me and my family very badly and she even hit me sometimes. She also dont perform her duties like preparing food or washing. I have around 10 chat messages and 5 audio recordings where is behaving bad and abusing me and cursing me to death. But I had an extra marital affair from last 6 monts and we both stayed in hotel sometimes. But my wife only doubts and does not have any proof. I want to ask three questions : 1. Whether i can go for contested divorce on these grounds. 2. If i go for divorce and in court my wife says that he is having a extra marital affair, Will court order the probe into my financial details like credit card statement and phone records as i have done payment of hotel using the credit card. So will court entertain her request to probe. 3. If i refuses to show my details , will court order the bank to show my records in court.
Yes you can file a divorce petition in a jurisdictional family court under section 13B of Hindu Marriage Act for cruelty. As cruelty is a vague term and depends upon the interpretation by the court, you have a valid ground for the same. Also, make sure she never comes to know about your affair, otherwise you'll end up getting divorced on grounds of adultery which is a criminal offence under section 497 of IPC. Also it is not impossible but hihgly unlikely to happen that she asks court to inquire into your financial details to trace hotel payments if you never let her know about the same. Yes the court may do so if it deems fit in the interest of natural justice.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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You can file a suit for divorce on cruelty ground. For which you have electronic evidence and some more evidence. Your next question for your fears of extra marital affairs are not related to this case. Do not be fearful for that
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Adv. Hira Lal Jha
Delhi | 25+ Answers
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