Divorce Under Section 13(1A)(ii)

990 votes

If one spouse has had voluntary sexual intercourse with someone other than their spouse after the marriage, the aggrieved spouse can file a petition for divorce under Section 13(1)(a). Key Points Applicable law: Hindu Marriage Act, 1955 Who can file: Husband or wife Ground: Adultery committed after marriage Nature: Contested divorce (not mutual consent) What must be proved The petitioner has to show: The marriage is valid and subsisting The respondent had sexual relations with a third person Direct proof is rare; circumstantial evidence (messages, hotel records, witnesses, cohabitation, etc.) is accepted by courts Important notes One act of adultery is sufficient; it need not be continuous Adultery must be voluntary The petitioner should not have condoned (forgiven and continued marital relations after knowing) the adultery Time requirement There is no minimum separation period required to file under Section 13(1)(a) Petition can be filed as soon as adultery is discovered

Advocate Mahrukh Khan LawRato

543 votes

Since an ex-parte RCR decree was passed in your favour and the wife failed to comply for over one year, you can seek divorce under Section 13(1-A)(ii) HMA. Dismissal of the DV case and long separation of 4.5 years further strengthen your case.

Advocate Mrunmayi Kotawadekar LawRato

539 votes

Based on what you have shared, you do have a valid right to seek divorce. The Family Court has already passed an ex-parte order of Restitution of Conjugal Rights in your favour. Even after receiving notice, your wife did not join you and one full year has passed. This by itself is a recognised legal ground for divorce. On top of this, you have been living separately for more than 4.5 years. The Domestic Violence case filed by your wife has been dismissed, your brothers have already been discharged, and the court has also recorded that she is not interested in claiming maintenance. All these facts clearly show that the marriage has broken down and there is no real intention from her side to continue the relationship. The next step would be to file a divorce petition on the ground of non-compliance of the RCR decree and long separation, while properly placing all previous court orders on record. Since matrimonial matters need careful handling and correct drafting, it is advisable that you approach me directly with the complete case papers. I can then guide you personally and take the matter forward in a safe and effective manner, keeping your interests fully protected.

Advocate Sachin Pawar LawRato

545 votes

After one year of non-compliance with the restitution of conjugal rights decree and long separation, you can seek divorce on grounds of desertion and cruelty. DV case dismissal and no maintenance claim strengthen your case.

Advocate Pankaj Bajaj LawRato