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Procedure to file for divorce if wife is having extra marital affair

Hi , I am Hindu. My wife using another phone for contacting his lover . I caught it from my house & get detial through police comlaint . But now i want divorce . 3.5 year marraige life and 1 year gap she is at his father house .

Answers (3)

If you want divorce then you have to file the Suit stating grounds.......especially here it will be physical and mental cruelty. If your wife too agrees to divorce then you both jointly can file Divorce petition with mutual consent.

Adv. Suneeta Shukla

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Dear in your matter u can get divorce on basis on her extra marital relation but for u have to give evidrnce of same so u have to file divorce petition before court and than produce all evidence so chances of divorce is very good

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As per Sec. 13 (1) of The Hindu marriage Act their is no direct relation for seeking divorce mere on the ground of contracting another person however as she is living with her parents for last one year and if you able to prove any types of mental cruelty /torture or pain suffer to you from such relation or contract in that case you can approach before the family court and file petition U/s 13(1)(ia).

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