Advocate S.K.Prabhakar Shetty practices at City Civil Court Bangalore, Karnataka High Court, Karnata... Read More
Contested Divorce On Grounds Of Extramarital Affair
Can I file a divorce petition against my wife on the grounds of her affairs with other men?
- Sector-1, Noida
Yes one can file a contested divorce with the help of a divorce lawyer. In case of a contested divorce, there are specific grounds on which the petition can be made. It isn’t as if a husband or wife can simply ask for a divorce without stating a reason. The reasons for divorce are as follows, though some are not applicable to all religions.
- Cruelty may be physical or mental cruelty. According to the Hindu Divorce Laws in India, if one spouse has a reasonable apprehension in the mind that the other spouse’s conduct is likely to be injurious or harmful, then there is sufficient ground for obtaining divorce due to cruelty by the spouse.
- Adultery In India, a man that commits adultery (i.e. has consensual sexual intercourse outside of marriage) can be charged with a criminal offence. The wife may, of course, file for divorce as a civil remedy. If, on the other hand, a wife commits adultery, she cannot be charged with a criminal offence, though the husband can seek prosecution of the adulterer male for adultery.
- Desertion One spouse deserting the other without reasonable cause (cruelty, for example) is a reason for divorce. However, the spouse who abandons the other should intend to desert and there should be proof of it. As per Hindu laws, the desertion should have lasted at least two continuous years. Christians, however, will not be able to file a divorce petition solely for this reason.
- Conversion Divorce can be sought by a spouse if the other spouse converts to another religion. This reason does not require any time to have passed before a divorce can be filed.
- Mental Disorder If the spouse is incapable of performing the normal duties required in marriage on account of mental illness, divorce can be sought. If the mental illness is to such an extent that the normal duties of married life cannot be performed.
Answered on 19 Oct 2019
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