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Having Adultor as party is required?
07-Feb-2025 (In Divorce Law)
Hey Team,
I got married on 2018 under rituals of Hindu law. Now, I'm filing for divorce with my wife on the grounds of cruelty and adultery. I have videos which proves my point. I was looking for opinion and process.
Q1: while filling divorce on grounds of adultery do I have included Adultor also as a party?
Q2: if yes, do I have to send him a notice before filing for divorce?
You need not implead the adulterer as a party to your divorce proceedings. Also, you can send a legal notice before initiating a divorce proceeding. Further, in order to avoid delay and prolong the litigation you can opt for mutual consent divorce. Feel free to contact me for seeking any legal advice as regards the same.
Helpful?
Adv. Prerna Shukla
Mumbai | 700+ Answers
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No, under Hindu law, you do not need to include the adulterer (third party) as a respondent in your divorce petition. You only file the case against your spouse. However, the evidence of adultery (such as videos or other proof) will be used in court to support your claim.
Since the adulterer is not a necessary party in a divorce case, there is no requirement to send them a legal notice. The divorce petition is filed against your spouse, and only they need to be served with notice. However, if you plan to take separate legal action against the adulterer (e.g., under Section 497 IPC in case of past cases before it was decriminalized), then legal notice might be required.
Helpful?
Adv. Vikrant C Deshpande
Mumbai | 5+ Answers
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Dear client based on your query, necessary points have to settle down in and throughout legal procedures, also it would be advisable to get in touch with proper legal guidance, for which we can help you regard the process and in legal ways for which you can contact us.
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Adv. Anish Palkar
Mumbai | 200+ Answers
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It is not mandatory as such to send a Notice in advance before filing a Unilateral Divorce on the ground of Adultery. You can get a Unilateral Divorce on the basis of Adultery of your Spouse on proving evidences of Adultery before Court.
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Adv. Pankaj Bajaj
Mumbai | 1000+ Answers
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Dear Client,
Thank you for reaching out. Here’s a brief response to your queries:
Q1: Should the adulterer (third party) be included as a party in your divorce petition?
Under Hindu Marriage Act, 1955, the adulterer is not required to be made a party in the divorce proceedings. Divorce is a matter between the husband and wife, and the inclusion of the adulterer is optional. However, evidence proving adultery, such as the videos you possess, will be crucial for substantiating your claim.
Q2: Do you need to send the adulterer a notice before filing for divorce?
No, there is no legal requirement to send a notice to the adulterer before filing for divorce. Your petition will primarily be against your spouse, and your evidence will serve as proof of adultery.
I recommend consulting a family law specialist to guide you further and ensure all procedural and evidentiary requirements are met to strengthen your case.
Best regards,
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Adv. Kiran Ashok Gangurde
Navi Mumbai | 100+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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