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How to file divorce case against a wife who is involved in infidelity
18-Mar-2023 (In Divorce Law)
Hi, I need advise on friends case whose life is ruined completely because of his wife. He is married for last 9 years and has two kids. His wife is characterless and has been caught red handed with her alleged affairs. He kept quite because he did not want to spoil life of his children's the younger one is just 3 year old. Two years back he found his physical relationship with a guy his neighbor who works in the same office where my friend works. She is so shameless that she accepted her physical relationship in front of his parents as well. Her character is still the same. When my friend meets lawyers they tell we cannot prove what's up, FB data in court and law is always in favour of women. Can you suggest what should he. He want to get rid of this women at any cost
What constitutes adultery
The following are the elements under section 497 of IPC which constitutes adultery: -
Firstly having sexual intercourse with a person.
Secondly, the person committing such an offence must know or must have reason to believe that the female lady is the wife of another person.
Thirdly, the person commits sexual intercourse without the consent of the husband of such a lady.
Fourthly, such a sexual intercourse must not amount to the offence of rape that is the lady with whom the sexual intercourse is being committed must be above the age of 16.
If these conditions are satisfied then only the person will be guilty of committing the offence of adultery.
Divorce through Adultery
Grounds for divorce on the basis of adultery is mentioned under section 13(1)(a) of Hindu marriage act,1955 which states that any marriage before or after the commencement of this act shall be dissolved by a decree of divorce on the ground that the other party had voluntary sexual intercourse with any person other than his or her spouse after the marriage.
The following are the elements under section 497 of IPC which constitutes adultery: -
Firstly having sexual intercourse with a person.
Secondly, the person committing such an offence must know or must have reason to believe that the female lady is the wife of another person.
Thirdly, the person commits sexual intercourse without the consent of the husband of such a lady.
Fourthly, such a sexual intercourse must not amount to the offence of rape that is the lady with whom the sexual intercourse is being committed must be above the age of 16.
If these conditions are satisfied then only the person will be guilty of committing the offence of adultery.
Divorce through Adultery
Grounds for divorce on the basis of adultery is mentioned under section 13(1)(a) of Hindu marriage act,1955 which states that any marriage before or after the commencement of this act shall be dissolved by a decree of divorce on the ground that the other party had voluntary sexual intercourse with any person other than his or her spouse after the marriage.
Helpful?
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Adv. Manish Kumar Pandey
Haldwani | 100+ Answers
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Hello this is vibhore goyal advocate dehradun from lawrato. You can get rid of your wife. Some lawyer has given you wrong advice i think. Where do you live and where your wife is . Plz contact me. ....
Helpful?
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Adv. Vibhore Goyal
Dehradun | 25+ Answers
Chat
Hi you can file for divorce under section 13 of hindu marriage act.if you have watsapp and facebook details regarfing her relations with some other person that details can be filled along with divorce petition and can help in getting divorce.
Helpful?
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Adv. Vibhor Maheshwari
Dehradun | 25+ Answers
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