Divorce ground now after no adultery for 1year

796 votes

helo i am advocate Ajay Godara form Hisar Haryana mana app ki puri detail check kar le ha please case ki puri detail send Kara taki ham app ki puri help kar saka app hame whtup ya email kar sakta hai app ki puri help ki jaya ge

Advocate Ajay K Godara LawRato

746 votes

Hello, You can file for divorce on the ground of cruelty/violence under Section 13(1)(ia). Your wife’s past adultery can still be mentioned, but since you continued marital life after knowing it, the court may treat it as condoned. Still, it can support your overall case. Regarding maintenance/alimony: If adultery is proved, the court can deny or reduce her maintenance under Section 125 CrPC and Section 25 HMA. Interim maintenance is usually granted based on financial need, but strong proof of adultery can affect it. So yes, you can file for divorce on cruelty, and evidence of adultery may still help, especially in maintenance-related decisions.

Advocate Sumegh Garg LawRato

751 votes

You can definitely file for divorce now on the ground of cruelty under the Hindu Marriage Act. Your wife’s current behaviour—abusive language, quarrels, and disrespect towards you and your parents—is sufficient to establish mental cruelty, which is a valid and independent ground for divorce. Regarding her past adultery (1 year old): Although you forgave her at that time, the earlier adultery can still be mentioned in your divorce petition as part of the marital history. It will not serve as the main ground now, but it can strengthen your case by showing a pattern of misconduct. Courts often consider past behaviour to understand the overall breakdown of the marriage. In terms of maintenance and alimony: Interim Maintenance: Past adultery does not stop interim maintenance. Courts usually grant interim relief unless the wife is earning. So previous adultery may not affect interim maintenance decisions. Permanent Alimony (Final Order): Here, her past adultery can affect the court’s decision. Under Section 25 of the Hindu Marriage Act, the court considers the conduct of the parties. Past adultery and cruelty can lead to reduction or even denial of alimony if the court feels it is justified. Maintenance under Section 125 CrPC: A wife “living in adultery” cannot claim maintenance. Since her adultery is not current, she may still claim it, but past adultery can reduce court sympathy and influence the overall assessment of her conduct. Child custody decisions mainly depend on the welfare of the children, not past adultery. However, her cruelty or unstable behaviour at home may be considered.

Advocate Poonam Malik LawRato

532 votes

Yes it can be used as a ground for divorce, you can use multiple grounds in your case for divorce to strengthen your position including but not limited to mental cruelty and adultery. You can get in touch with me for your case, I’ll guide accordingly.

Advocate Mannan Sanjeev Sharma LawRato

645 votes

There are Various legal Remedies to deal with it . Rest depends on matter. feel free to Contact for further advice and assistance Thank You Regards Advocate Kuber Hooda Punjab and Haryana High Court Delhi High Court

Advocate Kuber Hooda LawRato