Adultery

Since you’re religious background is Hinduism, it’s certain that you’re marriage was solemnised under the Hindu Marriage Act (HMA) 1955. However, I would still suggest you to confront your husband about his actions that tends to cause you discomfort and leave you confused, because simple understanding of each other might lead to a healthy marriage, thus try to resolve your issues along with your husband mutually. This is because Divorce is always the last option. But, if you’re still willing to dissolve your marriage then you should be aware of the grounds upon which a marriage under HMA can come to an end (divorce). The section 13 of the act states that any marriage solemnised either before or after the enactment of this act, may on a petition filed by either party to a marriage (husband or wife) be dissolved by a decree of divorce on the ground that the other has, after the solemnization of the marriage. The situations or grounds of divorce stated under section 13 of HMA are the following :- • had voluntary s*xual intercourse with any person other than his or her spouse or has after the solemnization of the marriage, • treated the petitioner with cruelty or • has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition, or • has ceased to be a Hindu by conversion to another religion or • has been incurably of unsound mind, or • has been suffering continuously or • intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent. Therefore, any one of the above mentioned situations if found in your marriage could be a Valid Reason/Ground for your divorce. However, mere, unhealthy means of communication isn’t something that would be requisite in court procedures. Since, marriage is a type of sacred contract between two people where they pledge to live alongside each other, it isn’t easy to break such a contract. Thus, valid and strong evidence would be needed if you’re willing to dissolute this marriage or else you’ll land up in mediation (mutual settlements) which would consume a lot more time than the usual proceedings. Down below is the link related to Divorce Proceedings which might be useful for you. https://www.lawyersclubindia.com/.../divorce-proceedings-by-power-of- attorney-11938.asp Read more at: https://www.lawyersclubindia.com/search_results.asp?q=Divorce%20

In case of Adultery direct proofs are rarely available, but if you are sure that your partner is involved in adultery you can gather indirect proofs which will show the inclination of your partner with the other person involved, like mobile recordings showing long conversations, WhatsApp chats at odd hours, any colleague or person which an act as a witness, any email or chats showing your partner ever stayed at the other person’s place, travel records if they both travelled together etc. All this will help build your case while filing for divorce in court.

Other grounds for divorce under Hindu Marriage Act, 1955 are mentioned in Section 13(1) and Section 13(2) of the act.
Under Section 13(1) these are the grounds on which a person can file for divorce;
1. Adultery
2. Cruelty
3. Desertion
4. Conversion
5. Inanity
6. Leprosy
7. Venereal Disease
8. Renunciation
9. Presumption of Death

Wife’s special grounds for divorce are mentioned under Section 13(2);
1. Pre-Act Polygamous Marriage
2. Rape, Sodomy or Bestiality
3. Non- Resumption of 4. Cohabitation after a Decree/ Order or Maintenance
4. Repudiation of Marriage.