On what bases one can file divorce.

546 votes

There are provisions in law to end the marriage on this ground. However, to find out what offence he is committing some more details will be required. The best evidence to support your case would be a video recording, alternatively any eye witnesses, phone call and so on there can be some other pieces of evidence as well.

LawRato LawRato

748 votes

firstly you can file a divorce case under section 13 of hindu marriage act, there are several provisions under which you can file a case making out this ground as well. Even if you talk to your spouse if he is ready for the same mutually you can get the divorce easily in the period of 6 months and if he is not ready in that eventuality you have to file the case making out the said allegations.

Advocate Ajay Shakti Goyal LawRato

771 votes

Mam/ sir if this kind of situation is their in a married life then it can be a strong ground for divorce.. However proving it will be difficult.. But if he/ she is homosexual then he/ she will be very much okay in taking divorce.. As such no criminal offence can be made out on him.. However if his homosexual partner wants then only he can file a criminal case of unnatural act against him

Advocate Hemant Chaudhary LawRato

892 votes

well their is many things to consider about this, that, when you get married with your partner? because time period is also a concern if you got married with your partner since more than one year so best option is to ask him for separation by mutual consented divorce than to involve him in proceeding giving evidences in a court and making allegations of homosexuality which hurts the reputation of your partner and also give your partner a explanation on it, and secondly their is no any objective/physical test to prove this type of problem, but you have to make your own evidences by making audio/ video recordings, chats etc. and thirdly for lady partner, compelling her for sodomy is a ground of divorce, fourthly annulment of marriage under section 12 of HMA on the ground of non consummation or impotency.
but their is no specific provision of that kind of problem in indian law as of my opinion, so find a good lawyer who advice you better.
Thanks
Warm Regards
Puneet Sharma (District & Session Court Delhi, Faridabad.)
Advocate/solicitor/Legal Consultant

Advocate Puneet Sharma LawRato