How to get divorce on the basis of extra martial affair

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Section 13 of the Hindu Marriage Act provides the various grounds on which divorce can besought by one of the parties to a marriage. It is as follows:



Section 13(1) states that a petition may be presented by either the husband or the wife, for dissolution of marriage by a decree of divorce on the ground that the otherparty-



i. has, after the solemnization of the marriage, had voluntary, sexual intercourse with any person other than his or her spouse; or



a. has, after the solemnization of the marriage, treated the petitioner with cruelty; or



In view of aforesaid , you can file a divorce petition under Section 13 (1) (i) and Section 13 (1) (ia) on the grounds of adultery and cruelty, and seek dissolution of marriage. It is pertinent to mention here, that to prove adultery is generally very difficult, wherein the onus of proof is usually on the petitioner and you need to have strong and cogent evidence to prove that she has committed adultery. The evidence stated in your query will have to be examined to conclude whether they are strong and cogent evidence to prove adultery.



With respect to maintenance, your wife may file an application under Section 24 of Hindu Marriage Act or Section 25 of the Hindu Marriage Act. However the court has ample of discretion to grant or refuse maintenance and the extent to which to grant the same, depending on the facts and circumstances of each case. But an adulterous conduct on the part of wife after the decree of divorce is passed would certainly negate her claim to get maintenance allowance in future. It is pertinent to mention here, that there are many instances where Courts has refused to give maintenance, or any allowance to wife, where adultery is proved.

Advocate Siddhant Sharma LawRato