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In laws threatening to file false case. How can I get divorce?
04-Jun-2023 (In Divorce Law)
My wife had an affair with a muslim driver boy. When I came to know about this she and her parents apologized. After this we got marred and then she started her M.A. studies. Instead of studying she went with her friends and had affairs. Her friend's husband kissed her. Also, that muslim driver boy used to come to her college everyday. So I told her that leave this college and give exam as x-student.
After this her father took her away. She is not living with me for the last 2 years. Now they say we want Rs.15 lacs for divorce otherwise they will file a case of 498 alimony etc and harass me. I am a teacher. What can I do? How can I get a divorce?
You can file a petition for divorce under Section 13(1)(ii)(b) of the Hindu Marriage Act which 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 other party has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition.
You can also file a petition for divorce under Section 13(1)(i) on the grounds of adultery. However, you need to collect evidence to prove the same.
Additionally, you can also add the ground of cruelty which includes both mental as well as physical cruelty and the acts of your wife clearly amount to mental cruelty.
Kindly contact us for any further details and action.
60+
Adv. Sudershani Ray
Delhi | 200+ Answers
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