Divorce guidance

@ Author,


1. For your first para an adulterous wife if adultery is proved by reasonable evidences (primary – secondary) about her closeness amounting to inclination towards other man other than her husband then least Court will do is deny her maintenance and alimony provided some civil / criminal maintenance suit is pending. She cannot be prosecuted as that is typical nature of our archaic Law and many State HC’s have voiced changes in these archaic Laws.


2. For your second para; Indian husbands are considered sitting ducks however see these two links as plain readings so far as precautionary measures / protection question goes;

https://www.498a.org/pre498a.htm

https://www.498a.org/post498a.htm

3. For your third para; MCD is nothing but mutual consent of parties to willfully agree on certain mutual consent terms and conditions jointly agreed and thus approach competent Court to do the enquiry and dissolve their marriage as per mutual consent. Before 1 year of marriage a MCD petition cannot be filed. Both living under same roof can also file under MCD. Only thing that both should not do is share a bed. Both jointly come to an agreement on alimony amount.

4. For your forth para; In India “fault” based divorce is Law of the land. In lots of western countries “no-fault” divorce is quicker way out of marital relationship. We have lot to catch up doing here.


5. For your fifth para; If you have plans to file divorce then see first if 1 year in marriage is over or not. Then if you feel that it is difficult to live with her and there is danger to life and limb and marriage is dead then sit with a seasoned Advocate and discuss the allegations worth and may file under “mental cruelties” ground. It becomes contested once she contest your allegations and if she agrees to your allegations then it may get converted by your side into MCD with certain mutually agreed terms and conditions.

6. For your sixth para; S. 13 (1) HMA talks about ground for Divorce. Kindly read yourself by clicking link

https://www.vakilno1.com/bareacts/hindumarriageact/s13.htm

7. For your seventh para: Yes as well as no. for a simple thinking adultery by wife is difficult to prove and even if proved then she is not sent to jail so it is a tough emotional read with mental call by a husband to take.

We understand the obsession loop husband falls into when they hear and or discover some amount of adultery - bigamy committed by their wife and since Lord Rama’s times same mindset stands in Indian Culture. Our two greatest epics; Ramayana and Mahabharata were result of one and only one woman respectively and you are not alone here on that count since customary time memorable!


BUT don’t think to commit suicide. You will leave more problems behind for family and us. Stay focused, go / do normal routine works, eat healthy - sleep timely and enjoy YOUR LIFE and let time do the justice in such precarious situations.

On side note; replace Steven with her name and instead of Your (soon-to-be) wife repalce it with Husband and now donot do this at the moment.

Pic. copyright credits: To my friend Emily

Hello Tajobsindia ,

Thank you for the reply

1. Please let me know whether proofs like E mail, mobile phone recording, etc are recognised by court

2. Also I would like to punish the other guy in her life who has spoiled the marriage , please suggest what are the options with me to file a police complaint against him, which law can support me to punish the guy

I have received some mails from him in which he told me about relationship and girls character - can the mail can be used against him in case

As this adultery happened before marriage..but I am still aware that wife is still in contact with him does it holds a good ground for divorce - Adultery

3. Pls let me know what is irretriveable breakdown of marriage , judicial separation - can these can be used in my case

4. Also pls let me know if Annulment /Void of marriage - on ground of concealement of facts hold good in my case

Pls let me know if any other options/grounds available for me , as marriage is totally dead

Thanks for help