Team Legistify | Legistify

Team Legistify
Answered on 16 Jul 2019

Under Section 13(2)(ii) of the Act, a wife is entitled to file a petition for divorce on the ground of rape, sodomy or bestiality committed on her by the husband. Rape is also a criminal offence and defined in section 375 of the Indian Penal Code. A man is said to commit rape who has sexual intercourse with a woman against her will, without her consent, with her consent which is obtained by putting her in fear of death or of hurt, with her consent when the man knows that he is not her husband and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married, or with or without her consent when she is under sixteen years of age. Penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape. There is however one exception. No rape is committed by the husband on the wife if she is over fifteen years of age. The commission of these offences by the husband must be proved by the wife either by witnesses as to fact or by evidence of admission made by the respondent, such as a plea of guilty of his trial. Though these are criminal offences, mere evidence of conviction for these offences is not sufficient to obtain a decree for divorce. In divorce proceedings, these offences are required to be proved b the wife de novo. Where the wife is a consenting party to the commission of any of these offences, her evidence should not be accepted without corroboration. Still not satisfied with the information may be our expert divorce lawyer in India can guide you and help you in the further proceeding.Read More

Posted on 12 Jul 2019 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

What you and your son are facing is Cruelty under Section 498 A of Indian Penal Code, in order to get a divorce you need to approach a family lawyer & tell him about the same grieveances, you have to go for Contested divorce wherein you will get the opportunity to prove about the cruelty done on you & your child. Party which files the case has to prove the case with support of evidence and documents. On successfully proving the case, divorce will be granted and divorce decree will be drawn up accordingly. Contested divorce generally takes approximately 18 to 24 months.  Read More

Posted on 28 Jun 2017 | 1 Answer