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contested divorce/mutual consent divorce/judicial separation what is


08-Jul-2023 (In Divorce Law)
I married in 2016 to my gf in arya samaj temple.We did not live together for 4 years after that because of various reasons viz parental approval,my outstation postings,career,sbsiblings marriage etc In feb 2020, we had a social function and got married publicly...ow after residing with her for four months, i got to know after her physical relationships with another person( in 2017-18). I have some proofs such as texts, screenshots,pics which are suggesting that they were physically involved... I want to get rid of her.I am emotionally distroyed right now and don't know what to do.i have not confronted her with those pics as I am afraid she might file counter complaints/ fake complaints against me or my family. She has been a violent person intermittently also. 1.How much time will it take for divorce? 2.Does she have an excuse in the form that we were not living together when she had extra marital relationship? 3.What kind of evidence are specifically tenable in such cases? 4. Is judi
Answers (3)

Answer #1
774 votes
In such a case you need to file divorce on the ground of adultery, harassment, etc. against the wife which will surely be contested by the other party. In such conditions either parties end up settlement mutually and then file for mutual divorce or if the same is contested then it will take some time otherwise it will be over soon within some months.
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Answer #2
612 votes
Hello sir I have perused your query.
In these circumstances you have the option of filing for divorce on the grounds of infidelity and mental and physical harassment amounting to cruelty under the Hindu Marriage Act. Whether you were residing together or separately is entirely irrelevant in the scenario. The texts and pictures that you possess should be sufficient evidence to support your allegation. As far as the filing of false cases is concerned, any such instance will only buttress your submissions and further a charge of cruelty. Please feel free to reach out to me in case you wish to discuss the matter in more detail.
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Answer #3
508 votes
Yes, you can file a contested divorce on the ground of adultery which will be legally admissible and can be granted once it proved that she had adulterous relationship during the marriage. the marriage will be considered solemnized when you got married at Arya samaj.

1. If it is contested divorce, usually it takes 1-2 years. If mutual,then around 1 year.

2.no excuse as to adulterous relationship during marriage.

3. evidences such as WhatsApp chats, call recordings and pics are legally admissible as an evidence.
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