What are the best grounds for Divorce petition for wife


Married by special marriage act in2006,separate from husband for 2.5yrs,due to his cruelty and unsound mind,husband RCR petition dismissed twice due to non attendance 8months back,now he filed adultery against me.l want to divorce him,under which section and clause should I file,I have a 7y old son custody with husband.I'm hindu

Answers (1)


333 votes

You can file a divorce under Section 27 of Special Marriage Act which provides as under
Divorce
(1) Subject to the provisions of this Act and to the rules made thereunder, a petition for divorce may be presented to the District Court either by the husband or the wife on the ground that the respondent-
(a) has, after the solemnization of the marriage had voluntary sexual intercourse with any person other than his or her spouse; or
(b) has deserted the petitioner for a continuous period of not less than two years immediately proceeding the presentation of the petition; or
(c) is undergoing a sentence of imprisonment for seven years or more for an offence as defined in the Indian Penal Code (45 of 1860); or
(d) has since the solemnization of the marriage treated the petitioner with cruelty; or
(e) has been incurably of unsound mind, or has been suffering continuously or intermittently from mental disorder of such a kind, and to such an extent that the petitioner cannot reasonably be expected to live with the respondent.


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