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Divorce filed under Section 13 on grounds of cruelty and desertion
23-Oct-2023 (In Divorce Law)
Respected sir, I filed divorce petition under section 13(1)(i)(ia)(ib). But in my petition i wrongfully mentioned that, "" Having no other go, the petitioner constrained to file this petition for a decree of divorce under grounds of cruelty and desertion."" If i proved adultery, cruelty and desertion of wife, then whether court will provide divorce on grounds of, 1) cruelty and desertion (or) 2) cruelty and desertion and adultery also. I want to get divorce on adultery also. Please provide your valuable suggestion what i have to do now... Trail is not yet started.
Hi
A divorce decree will be made on facts proven in the case irrespective of application made.
if you are able to prove adultery as a major reason for divorce, then the courts will say divorce decree granted on account of Adultery.
If adultery is not proven, but cruelty is proven, then courts will say grounds for divorce is cruelty.
Courts will only grant divorce on primary reason which might be either adultery or cruelty or desertion. Secondary reasons are generally not mentioned.
Just go ahead and ensure to prove the primary reason for divorce.
A divorce decree will be made on facts proven in the case irrespective of application made.
if you are able to prove adultery as a major reason for divorce, then the courts will say divorce decree granted on account of Adultery.
If adultery is not proven, but cruelty is proven, then courts will say grounds for divorce is cruelty.
Courts will only grant divorce on primary reason which might be either adultery or cruelty or desertion. Secondary reasons are generally not mentioned.
Just go ahead and ensure to prove the primary reason for divorce.
Helpful?
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Adv. Rajagopalan
Hyderabad | 500+ Answers
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Hi, if you prove the evidences of cruelty and adultery then you can get divorce accordingly, because trail has not yet been started while in evidence you can produce all the evidences to the court and you get judgment accordingly.
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Adv. Bala Murali
Hyderabad | 200+ Answers
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