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How to end marriage? [According to Hindu Law]
08-Oct-2023 (In Family Law)
We are married for more than 6 months now. My wife had an affair with a boy before marriage. She secretly continued that after the marriage as well. I had a doubt but was not sure about it. When I came to know about it couple of months back, she pleaded that she will end that. I thought of giving her a second chance. But recently I came to know that she is still continuing that secretly. I am suffocated because of this since our marriage. I think she will not accept divorce because of her family and relatives. But this situation has become very painful for me. What are the options that I have? How can I end this marriage?
See as per section 14 of the Hindu Marriage Act 1955 the divorce petition can be filed only after the lapse of 1 year from the date of marriage and not before that. However, leave of the court can be sought in exceptional circumstances.
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Adv. Anubhav Kathuria
Delhi | 1000+ Answers
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Hello sir. I have perused your legal query. Adultery is a ground for divorce under section 13(1)(i) of the Hindu Marriage Act. For your petition to succeed you need to establish that your partner has been 'living in adultery' considering courts have held that single or isolated acts of stepping outside the marriage are insufficient for a decree of divorce to be passed. Please feel free to reach out to me in case you wish to discuss the matter in more detail.
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The best legal recourse in such situations is that you can file a contested divorce on the ground of adultery and moreover cruelty as to having extra marital affair subject to strict proofs by you. as per law, the time period is after 1 year of marriage. but when proven through evidences it can be waived off and you can seek divorce.
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Adv. Yuganshu Sharma
Delhi | 700+ Answers
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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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