Name in divorce suit as an adulterer what to do

692 votes

In a divorce case there is no provision of punishment for adultery. But under section 497 of IPC, a husband may file a seperate complaint petition for adultery. But there should be enough proof of the offence being committed

Advocate Rupam Jyoti Sarma LawRato

665 votes

Grounds for divorce on the basis of adultery is mentioned under section 13(1)(a) of Hindu marriage act,1955 which states that any marriage before or after the commencement of this act shall be dissolved by a decree of divorce on the ground that the other party had voluntary sexual intercourse with any person other than his or her spouse after the marriage. The important thing is that the burden of proving a serious misconduct like adultery lies heavily on the party asserting it. In cases where the allegations consist of a spouse living a life of adultery, and it is not confined to adultery with any specified individual or individuals, then it that case, direct evidence should be made available to the Court. That the evidence must be clear and convincing so as to lead to a clear conclusion that the alleged offence of adultery had been committed, beyond the possibility of a reasonable doubt.

Advocate Fauzia Khan LawRato

693 votes

Just defend your case when required. allegations can be false too. anyone canname anyone. u might be summoned at the court at a later stage engage a lawyer for that..

Advocate Abdul Halim LawRato