Husband wants divorce as wife have illicit physical relationship
15-May-2023 (In Divorce Law)
i am hindu guy married a girl 5 month back but now i found that my has relationship physically also before and after marriage for more than 5 years, i have proof of mobile phone with chatting details and confession of her in mobile recording. what are the ways open for me legally.
Well, if you are with sufficient evidence of ongoing illicit physical relationship of your wife with some other guy, then there are sufficient legal ways provided to get justice from the Court of law.
yes, you can certainly give her divorce as the Divorce Act, 1869 mentioned it in section 10 about the Grounds for dissolution of Marriage as one of the points to be as committed Adultery. and it is only a matter of proof in the court and it seems that you have sufficient evidence to prove the same but be 100% sure that you want a divorce. you have to hire an Advocate and Ask him to file the divorce in the court for you.
Section 14 of the Hindu Marriage Act and section 29 of the Special Marriage Act restricts a divorce petition being filed before one year has elapsed from the date of marriage. Though it provides that it can be filed in cases of exceptional hardship but generally any order if passed shall not have effect untill the expiry of one year...
A case for judicial separation also cannot be filed with one year of marriage
You can file a complaint case
A case for judicial separation also cannot be filed with one year of marriage
You can file a complaint case
Hello
Either party to the marriage may present a petition for divorce under cl. (i) of sub-sec. (1) of s. 13, on the ground of adultery. In case of adultery direct proof is difficult to get and one has to rely for proof thereof on circumstantial evidence and the same may be sufficiently proved from which adultery maybe inferred. The burden of proving adultery in a matrimonial case is on the person who makes the allegation.
Regards
Either party to the marriage may present a petition for divorce under cl. (i) of sub-sec. (1) of s. 13, on the ground of adultery. In case of adultery direct proof is difficult to get and one has to rely for proof thereof on circumstantial evidence and the same may be sufficiently proved from which adultery maybe inferred. The burden of proving adultery in a matrimonial case is on the person who makes the allegation.
Regards
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