Procedure to file for contested divorce.

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 (4)

98 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.

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169 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.

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243 votes

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

191 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.

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