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Procedure to file for contested divorce.


28-Feb-2023 (In Divorce Law)
My wife is masturbating woman. She caught by my mother and my neighbour while masturabting herself alone by her fingers in our room. My mom noticed it through window and took video and photos of her. Shall I use this photo and video for getting divorce from her.
Answers (9)

Answer #1
868 votes
Yes if Marriage is not working then there is remedy in law to take divorce from the in law and husband and therefore start a new life as a fresh pls consul to a lawyer to me for need for details for file

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Answer #2
769 votes
Divorce (contested) is a lengthy process. I would suggest u to file maintenance case against him. Once he starts paying you, he will be mentally and economically broken and he himself will wish to get divorced from you. And your desire to get separated will be automatically solved. There are various other steps legally. You may contact me for further steps in regard.
Answer #3
510 votes
Why you want to leave your husband? An India woman should not leave her husband if she is a lady of chastity. Most of the Laws in India are in favour of woman you may go to your district court and meet any lawyer he will destroy your marital life for your personal benefit /relationship.
Answer #4
773 votes
On the ground of cruelty and desertion any lady liable tn file divorce in 13-A before family court without consent of husband that is called ex party divorce without any maintenance.one year must be separation to each other.
Answer #5
644 votes
Dear Client,
If the husband is not ready to give divorce, then the wife can go for contested divorce which is to be filed under section 13 of the Hindu Marriage Act. In order to file a divorce, you have a draft divorce petition.
Answer #6
679 votes
It is not a valid ground for divorce, Masturbating will not attract any of the grounds of divorce in Indian law. The following are the grounds for divorce in India mentioned under the Hindu Marriage Act, 1955.They are
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.
Answer #7
625 votes
This is the cheapest query I have ever received. She should sue you, your mother, etc for the act done by you for capturing video of a woman during her private moments, voyeurism is punishable under IPC and also legislations. Also it amounts to harassment. If she is masturbating the mistake is on your side as you failed to satisfy her or may be you are impotent. Masturbating is not a ground for divorce but if you go to court with this stupid reason and videos, it may put your entire family behind the bars for harassing a woman. Also, masturbating isn’t a crime and don’t talk as if you don’t masturbate. Beware of the law.
Answer #8
560 votes
Hello
In this case handle very carefully.
You can give a details with documentary evidence or electronic evidence.
You can file divorce ? But base on the evidence will satisfaction before the court true or not? Your marriage place?
Contact an Advocate
Answer #9
611 votes
She has got every right to masturbate and satisfy her feelings. However she can't deny sexual intercourse permanently. If she is inconvenienced or not well, she can refuse sexual intercourse. However she can't deny that pleasure forever. In the event of denying the same permanently you can go for divorce.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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