How can I file for divorce on account of adultary

780 votes

your query:
Question

I am 44 and my wife have recently committed adultery, caught circumstantially and confessed with me in phone call recording. How can I file for divorce Please advise.

opinion:
Hi,it is a good case with cogent evidence for divorce. presuming you both are Hindu. Hindu Marriage Act provides adultery a ground for divorce. You may first give a divorce notice to your wife proposing divorce by mutual consent so that everything is done peacefully without any allegations on each other. the benefit of mutual consent divorce is that she may also agree on not claiming alimony (her share in your and your family property).

if she does not agree then you need to file a petition before the Family Court and divorce will be granted based on her adultery. We have conducted many such type of cases and are also doing now.

Regds
Raghvendra Singh Raghuvanshi
Advocate-High Court of MP-Indore

LawRato LawRato

611 votes

You can file a petition of divorce before the Family Court for dissolution of marriage on the ground of adultery.

For this, procedure is that, first a notice will be sent to your wife regarding this matter, for making her agree on divorce by mutual consent.

If she agrees, then you will get divorce by mutual consent within 6-7 months.

If she does not agree, then after the notice period, then you will have to file a petition for getting divorce before Family Court. This takes longer time than the petition for divorce by mutual consent.

Advocate Sandeep Naik LawRato

1000 votes

There are various grounds and circumstances as ground of divorce petition. Refer to the subject matter mention in the present query it is advisable to make this as an important ground if you have finally decided to to file the suit. However, the conversation with your wife with regard to the alleged offence needs to be proved with witness or with strict proof. the kind of cases needs detail deliberations and understanding before proceeding into the matter.

Advocate Om Shanker Shrivastava LawRato

885 votes

Adultery is difficult to prove but still you can file a petition for Divorce in the Family Court / District Court of your District. You may also tale ground of cruelty so that your case does not rest solely on Adultery .

Advocate Sameer Kumar Shrivastava LawRato