Divorce on the Grounds of Adultery and Cruelty.

How can I divorce my husband? He constantly subjects me to cruelty and is having an affair with someone else.

Answer (1)

Team Legistify

Team Legistify

  • Sector-1, Noida

In India, there are 2 prevalent types of divorce- mutual consent divorce and contested divorce.

Mutual consent divorce is a divorce where both husband and wife agree upon the terms and conditions of the divorce and want to get separated on amicable terms. These terms include maintenance, child custody, inability to live together as husband and wife and division of property jointly owned by the husband and wife. A divorce on mutual consent can be granted within a time period of 6-18 months from the first hearing of petition. A petition can be filed in a Court of competent jurisdiction only after 1 year from the date of marriage.

A contested divorce is a divorce where one of the spouse wants a divorce while the other does not. A divorce petition can be filed against the other spouse on any of the acceptable grounds like adultery, cruelty, domestic violence, desertion, conversion, renunciation among others. 

In your case, you can file a contested divorce petition against your husband on the grounds of cruelty and adultery. Cruelty to qualify as a ground of divorce must be any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health; or harassment of the woman with a view to coerce her or any person to meet unlawful demands of dowry.

Adultery to qualify as a ground for contested divorce means voluntary sexual intercourse by the person so accused with any person other than his or her spouse.

You can consult the best divorce lawyers in India to file a contested divorce petition in the Court of competent jurisdiction. 

Answered on 28 Sep 2018

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