How to file for divorce on grounds of adultery

503 votes

First of all, what is the stage of your Section 10 application? Is it pending adjudication or has a decree been passed allowing your prayer for judicial separation? If a decree of judicial separation has been passed, then you are legally entitled to not cohabit with your wife and a Section 9 petition cannot sustain as your separation is well recognized. Otherwise also, in the event your Sec 10 petition is pending, such a Section 9 petition can also be challenged on the ground that you had reasonable cause to withdraw from the society of your wife as you might have taken aid of one of the grounds akin to that of divorce (Sec 13) as well, which are available under Sec 10 also.

Kindly provide more details for a more detailed analysis of the matter.

Advocate Sandipan Mohanty LawRato

703 votes

Proving adultery is very tough. You should have clear evidence to prove adultery like photographs with eye witness i.e.. for proving adultery you have to show the direct evidence. However proving directly is very hard.

Advocate Rajendra Kumar Senapati LawRato

610 votes

I think u r extremely perturbed and made lot of spelling mistake.u can not file case of adultery on your wife as per law. She has filed case for restitution of conjugal rights whereas u have filed for separation . Compromise and go for mutual separation in court

Advocate Tapan Kumar Behera LawRato

593 votes

If their is sufficient documents relating to illicit with other person s then you can directly file case for divorce but in the case you must prove the name and address of those persons or you can file Fri against them

Advocate Durga Prasad Jena LawRato

721 votes

Sir,
File your reply in 9 hma with all documents and proof you have. Lodge a FIR against the person, who has relation with your wife, along with the proof.
Rather give a chance to your marriage and see, if your wife is willing to forget him and come back. If so accept her. Relations are very precious.

Advocate Ramesh Agarwal LawRato