File a divorce petition before the Family Court on grounds o

864 votes

14 saal ke separation aur wife ki doosri marriage ke basis par aap Family Court me divorce petition file kar sakte hain. Yeh dono points (Desertion aur Adultery/Cruelty) divorce ke liye bohot strong legal grounds hain. Case ko sahi tarike se file karne ke liye aapko marriage certificate, separation proof aur unki doosri shaadi ke sabhi jaruri evidence collect karne honge. Is case ki complete drafting aur legal guidance ke liye aap Advocate Sudesh Kumar se consult kar sakte hain. Unke saath ek appointment schedule karke aap apne case par aage ki strong strategy taiyar kar sakte hain.

Advocate Sudesh Kumar LawRato

500 votes

A divorce case has been filed by either of you on the grounds that the husband and wife have been living separately for many years and have no contact with each other and one party has accused the other of adultery and cruelty, on the basis of which you intend to seek divorce

Advocate Rajeev Kumar LawRato

551 votes

If you and your spouse have been living separately for 14 years, you can file a divorce case on the ground of desertion (abandonment), subject to the facts of the case. If your spouse has remarried while your marriage was still legally subsisting, this can also be taken as a serious ground in the divorce proceedings. You should mention the complete facts in the petition and provide evidence of the 14-year separation and the alleged remarriage. Consult a family-law advocate with the marriage and remarriage documents before filing.

Advocate Pratik Khare LawRato

675 votes

File a divorce petition before the Family Court on grounds of Desertion (14 years separation) and Adultery/Cruelty. Sir, as per your query, you have very strong grounds for divorce under Section 13(1) of Hindu Marriage Act, 1955. 1. Ground of Desertion U/S 13(1)(ib): 14 years continuous separation without reasonable cause and without your consent proves desertion. You need to prove that she left matrimonial home with intention to not return. 2. Ground of Adultery U/S 13(1)(i) and Cruelty U/S 13(1)(ia): Her remarriage during subsistence of your first marriage amounts to Adultery and severe mental cruelty. Such second marriage is void ab-initio U/S 17 HMA and punishable U/S 494 IPC / 82 BNS. Procedure: You have to file a Contested Divorce Petition before the Ld. Principal Judge, Family Court having territorial jurisdiction. Along with petition you need to file affidavit, marriage proof, proof of separation for 14 years, and proof of her second marriage like photos, certificate, Aadhar showing husband name etc. Documents Required: Marriage invitation card/photos, Address proofs showing separate living, Evidence of second marriage, ID proofs. This is a fit case for grant of divorce. It is advisable to file the petition immediately through a competent local counsel. I can assist you in drafting, filing and contesting the matter before Family Court to get ex-parte or contested decree.

Advocate Shamma Perween LawRato

967 votes

Based on the client’s query, a divorce petition should be filed before the Family Court citing the grounds of Desertion, Adultery, and Cruelty. The client has been separated for 14 years, which clearly establishes the legal requirement for desertion—an intentional abandonment of the spouse without consent for a continuous period exceeding the statutory minimum (typically two years under most personal laws). Furthermore, the fact that the wife has remarried during the subsistence of the current marriage constitutes direct evidence of Adultery and serves as an act of Cruelty, as it is a severe violation of the marital contract and causes immense mental agony. However, it is vital to note legal technicalities: a second marriage while the first is still legally valid is void ab initio (invalid from the start) and also amounts to the offense of bigamy. The petition must specifically plead the fact of the second marriage, supported by evidence such as marriage certificates, witnesses, or photographs, to prove both adultery and cruelty. The court will require the petitioner to demonstrate that the wife’s conduct was willful and without reasonable cause. Given the prolonged separation, the court may also consider granting a decree of divorce based on irretrievable breakdown of the marriage, even if the specific grounds are contested. The petitioner must ensure the petition is drafted precisely, sworn in the correct format, and filed in the appropriate Family Court having jurisdiction over the parties' residence or the place of marriage. Because the wife’s remarriage constitutes a serious legal violation, the court is likely to expedite the proceedings, granting relief on the grounds of cruelty and adultery without the mandatory waiting period typically required for mutual consent divorces. Immediate legal action is advised to secure the final dissolution of the marriage.

Advocate Lalit Saxena LawRato