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priyanka (homemaker)     22 April 2015

Divorce

If i have a gay husband how can i prove it in the court of law to get divorce? my husband is harassing me from last many many years so that i drop cases of maintenance and domestic violence against him. recent news of gay husband (suicide case of AIIMS Dr) got my attention and i realized that my husband has been behaving like one all my marital years(21 years) though we have two sons from this marriage. Sir please help me i have lived a life of hell cant continue anymore.I am living away from my husband since last 4 years along with my two teen aged sons. Filed these two cases against him in 2012 but till date not even interim maintenance got ordered. i want to divorce him as soon as possible.I am fed up with the judiciary system and do not wish to demand anything.Kindly guide me how can i go for divorce. My family can support me and my kids. help.



 3 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     22 April 2015

Mam, Play a trap and get some proof that he is gay from some person and prove in the court of law .... Like some detective or something ... Warm Regards Kapil Chandna Adv 9899011450

Adv. Chandrasekhar (Advocate)     23 April 2015

For getting divorce, you have to file divorce case.  Without filing case, you cannot get divorce.  Your husband is not gay.  He is bis*xual having propensity towards homos*x.  Be  careful to put these things clearly in your divorce petition.  If you have a very diligent advocate on your side, even then it would take two and half to three years for getting a divorce.  Because if you try to expedite the case, other party will try to drag it as long as possible.  Your teenage sons can give effective evidence against their father's abnormal and atrocious behaviour in the court and along with your own evidence, I will not see any problem in your getting divorce.  Why you did not get even interim relief even though you filed the case as long back as in 2012, must be seen. Either the delay is due to courts' attitude or your advocates' attitude or your own attitude or your failure to unequivocally say that there is no scope for reunion during the mediation, so that to curtail that procedure.  Be as it may, inordinate delay happened in your maintenance and domestic violence case. The same will not happen in divorce case, if you follow up the my above said suggestions.  By the way, if you send a powerful legal notice blowing up his wayward s*xual behaviour coupled with cruel attitude and threaten that all will be unravelled in the court of law as clear as day light, if he is in a good position in a reputed organization, he will dither away and may come for mutual consent divorce agreement, by which the divorce can be obtained in about six months.  Do not delay further, and file divorce case against him.

priyanka (homemaker)     27 April 2015

Thank you so much sir! Thanks a lot.


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