File divorce


Hi,

I am 30 years of male. I want to file divorce from my wife. She had an affair with her in her last company after I found. She changed her company but i got know that she is still talking to him. And she is 7 month pregnant also. I don`t child custody. I only want divorce.

 
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Advocate

in your given facts, as you decided file your divorce application, asap.

 

thanks' & regards'

 

ashok kumar singh,

advocate

 
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Premarital and extramarital s*x by males and females is a commonplace.    Nevertheless it's a ground not only for Divorce but also for avoiding Maintenance.     I appreciate this law.

Committed by women, it's never been an offence and, of late, is not an offence when committed by men too.    I appreciate this law also.

You must prove such s*x.    Otherwise you can't avoid Maintenance.     

Even if you can't prove, no Court can compel you to live with her.

By all means abandon her and don't remarry.    Second wife will, by all probability, be worse than the first one. 

 
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Dear sir,

This is good ground for divorce but you should be able to prove the adultry in court. You can ask for DNA test for paternity of child.

Regards,
 
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Advocate

In my understanding, the facts stated are inadequate to get a decree of divorce. Mere suspicions or bald allegation cannot take the place of facts.

 
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Lawyer

Can you proved adultary of your wife, however, it is no ground for divorce.

It is advisable to consult and engage a local prudent lawyer for better appreciation of facts/ documents, professional advise and proceeding.

 
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Dear Sir,

You can get a divorce under Section 13 of the Hindu Marriage Act as adultery is a ground for divorce under the Act. But in order to get a divorce, you need to prove adultery. It can be proved by circumstantial evidence.

Another ground that you can use to get a divorce is cruelty. Cruelty can be mental cruelty as well as physical cruelty. So, if your wife has treated you cruelly, you can get a divorce under this combined with adultery. 

Regards,

Zeta 


Total likes : 1 times

 
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The respect given by Mr. Zeta Teresa Pereira to the Questioner is indicative of his nobleness.

 
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If you have substantial evidences like photographs of both of them in a compromising position or any other evidence to prove her acts of adultery, you can file a divorce case on the grounds of adultery and can also implead her paramour as the second respondent in the divorce case.

However if you do not have any evidence to prove yor allegations befor court to prove her acts of adultery, then you may lose your divorce case.

Therefore you can file a contested divorce case on the grounds of cruelty by pleading that her acts are suspicious that she is involved into adultery for which you do not have proof, hence you are suffering from mental agony  and besides these acts, she has treated you very cruelly hence you have filed this divorce case on the grounds of cruelty.

You may discuss at length with a local advocate and proceed on the advise received.. 

 
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