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Ramesh   11 June 2020

Divorce becasue of her continuing affair after marriage

Dear esteem lawyers and experts , My query is regarding divorce. I got married in Feb 2020 and within few days i got to know my wife is having an affair with an other guy from last 3 years and its still continuing. As we have had a short stint of only a week of staying together i dont have any proofs as such. She is at her parents home now, while i dont have any cases against me , i fear the same would come up when i take her back to my home. really in dire strait. Your inputs in this regards would be of great help, I need divorce



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 2 Replies

Virtual Legal Assistant (.)     11 June 2020

Hello Sir/Maam,

It can be very distressing to discover that your partner is having an affair. Under the Hindu Marriage Act, there are certain provisions under which divorce can be granted. While filing for divorce, you need to identify a legal ground (or reason) for your request

Going back to your query you need to be sure that your wife is indeed having an extra-marital affair. You need concrete evidence in such a situation, start collecting evidence as the burden of proof will fall upon you. Since it is very hard to obtain direct evidence in a case pertaining to an extra marital affair, circumstantial evidence is sufficient.

In addition to the above, you may refer to the following links for better understanding.

https://www.lawyersclubindia.com/articles/provisions-for-divorce-under-the-hindu-marriage-act-1955-11416.asp

https://www.lawyersclubindia.com/experts/divorce-by-husband-procedure-and-form-294856.asp

https://www.lawyersclubindia.com/experts/divorce-case-from-husband-side-381661.asp

Hope this helps.

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Ramesh   11 June 2020

Just continuing with my query, can i file annulment wherein there was a fraud involved. Does a affair continuing afair falls under this category. 

With respect to alimony, does a Home loan be considered in reduction in alimony, if my situation goes upto  that stage


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