Husband having relation with prostitute want to get separated

632 votes

You can file a divorce petition on the ground of metal cruelty, actions and inactons of the other spouse which amounts to cruelty. Cruelty for a continuous long period is also consider to be cruelty. One needs to establish the same in case of a contested matter. His bad habits needs to proved in the court of law

Advocate Siji Malayil LawRato

648 votes

Grounds for Divorce under the Hindu Marriage Act, 1955 The following are the grounds for divorce in India mentioned under the Hindu Marriage Act, 1955. Adultery – The act of indulging in any kind of sexual relationship including intercourse outside marriage is termed as adultery. Adultery is counted as a criminal offence and substantial proofs are required to establish it. An amendment to the law in 1976 states that one single act of adultery is enough for the petitioner to get a divorce. Cruelty – A spouse can file a divorce case when he/she is subjected to any kind of mental and physical injury that causes danger to life, limb and health. The intangible acts of cruelty through mental torture are not judged upon one single act but series of incidents. Certain instances like the food being denied, continuous ill treatment and abuses to acquire dowry, perverse sexual act etc are included under cruelty. Desertion – If one of the spouses voluntarily abandons his/her partner for at least a period of two years, the abandoned spouse can file a divorce case on the ground of desertion. Conversion – Incase either of the two converts himself/herself into another religion, the other spouse may file a divorce case based on this ground. Mental Disorder – Mental disorder can become a ground for filing a divorce if the spouse of the petitioner suffers from incurable mental disorder and insanity and therefore cannot be expected from the couple to stay together. Leprosy – In case of a ‘virulent and incurable’ form of leprosy, a petition can be filed by the other spouse based on this ground. Venereal Disease – If one of the spouses is suffering from a serious disease that is easily communicable, a divorce can be filed by the other spouse. The sexually transmitted diseases like AIDS are accounted to be venereal diseases. Renunciation – A spouse is entitled to file for a divorce if the other renounces all worldly affairs by embracing a religious order. Not Heard Alive – If a person is not seen or heard alive by those who are expected to be ‘naturally heard’ of the person for a continuous period of seven years, the person is presumed to be dead. The other spouse should need to file a divorce if he/she is interested in remarriage. No Resumption of Co-habitation – It becomes a ground for divorce if the couple fails to resume their co-habitation after the court has passed a decree of separation. The following are the grounds for divorce in India on which a petition can be filed only by the wife. · If the husband has indulged in rape, bestiality and sodomy. · If the marriage is solemnized before the Hindu Marriage Act and the husband has again married another woman in spite of the first wife being alive, the first wife can seek for a divorce. · A girl is entitled to file for a divorce if she was married before the age of fifteen and renounces the marriage before she attains eighteen years of age. · If there is no co-habitation for one year and the husband neglects the judgment of maintenance awarded to the wife by the court, the wife can contest for a divorce.

Advocate Srinivasa Kudva LawRato

804 votes

It is advisable to ask for Mutual Consent Divorce from your husband, if you think it's not possible to continue with the merital relationship with him. If he refuses to give divorce on mutually agreeable terms, you can file divorce on the grounds of crualty. You need not handover your child to him, you can look after her. If he claims for the child custody through court, you can contest the case on merits of the case. And you need to convince the court, why it's good in the best interest of the child should with you, and why you don't want to send her with him, etc. Please feel free for further clarification.

Advocate Sandeep Hegde LawRato