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Sushil kumar (Xyz)     05 May 2013

Need divorce and protection

Dear sir, I'm married for last 12 years and my marriage life is not going well farm last three years. Around 2 years back I met a lady who was going through divorce. I started liking each other and now in love . Her divorce is completed. Now my wife came to know about my extra maritial affair and wants me to come back to her. 

I want to divorce my wife, I know she won't be ready for MCD. 

I want to know how can I proceed for divorce?

Can she file any false case and what precautions should I take?

If my wife don't give me divorce then can I live in with that lady?

Please help :(



Learning

 7 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     05 May 2013

Dear Sushil

I don't think so that due to this affair you got a right to divorce your wedded wife, if there is any other situation like cruelty/ non-coopration or demandning then may be you can file the divorce. But you are the best to think about your best, so as per my opinion contest case for divorce is very lengthy. and you can file the divorce u/s 13 of the HIndu Marriage Act but the situation/Reason for divorce  should be come under this section mentioned below

13. Divorce.

(1) Any marriage solemnized, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party-

(i) 1[ has, after the solemnization of the marriage, had voluntary, s*xual intercourse with any person other than his or her spouse; or

(ia) has, after the solemnization of the marriage, treated the petitioner with cruelty; or
(ib) has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition; or]
(ii) has ceased to be a Hindu by conversion to another religion; or

(iii) 1[ 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. Explanation.- In this clause,-

(a) the expression" mental disorder" means mental illness, arrested or incomplete development of mind, psychopathic disorder or any other disorder or disability of mind and includes schizophrenia;
(b) the expression" psychopathic disorder" means a persistent disorder or disability of mind (whether or not including sub- normality of intelligence) which results in abnormally aggressive or seriously irresponsible conduct on the part of the other party, and whether or not it require or is susceptible to medical treatment; or]
(iv) has 2[ been suffering from a virulent and incurable from of leprosy; or
(v) has 2[ been suffering from venereal disease in a communicable from; or
(vi) has renounced the world by entering any religious order; or
(vii) has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of it, had that party been alive.
1[ Explanation.- In this sub- section, the expression" desertion" means the desertion of the petitioner by the other party to the marriage without reasonable cause and without the consent or against the wish of such party, and includes the wilful neglect of the petitioner by the other party to the marriage, and its grammatical variations and cognate expressions shall be construed accordingly.] 3[

(1A) 4[ Either party to a marriage, whether solemnized before or after the commencement of this Act, may also present a petition for the dissolution of the marriage by a decree of divorce on the ground-

(i) that there has been no resumption of cohabitation as between the parties to the marriage for a period of 5[ one year] or upwards after the passing of a decree for judicial separation in a proceeding to which they were parties; or
(ii) that there has been no restitution of conjugal rights as between the parties to the marriage for a period of 5[ one year] or upwards after the passing of a decree for restitution of conjugal rights in a proceeding to which they were parties.]

(2) A wife may also present a petition for the dissolution of her marriage by a decree of divorce on the ground,-

(i) in the case of any marriage solemnized before the commencement of this Act, that the husband had married again before such commencement or that any other wife of the husband married before such commencement was alive at the time of the solemnization of the marriage of the petitioner: Provided that in either case the other wife is alive at the time of the presentation of the petition; or
(ii) that the husband has, since the solemnization of the marriage, been guilty of rape, sodomy or 6[ bestiality; or]
(iii) 7[ that in suit under section 18 of the Hindu Adoptions and Maintenance Act, 1956 , (78 of 1956 .) or in a proceeding under section 125 of the Code of Criminal Procedure, 1973 (2 of 1974 .) (or under the corresponding section 488 of the Code of Criminal Procedure, 1898 ), (5 of 1898 .) a decree or order, as the case may be, has been passed against the husband awarding maintenance to the wife notwithstanding that she was living apart and that since the passing of such decree or order, cohabitation between the parties has not been resumed for one year or upwards;

(iv) that her marriage (whether consummated or not) was Solemnized before she attained the age of fifteen years and she has repudiated the marriage after attaining that age but before attaining the age of eighteen years. Explanation.- This clause applies whether the marriage was solemnized before or after the commencement of the Marriage Laws (Amendment) Act, 1976 .] (68 of 1976 .)

 

without these ground you can not file divorce before court.

 

False case?/////// She has right to file maintenance case, domestic violence case against you and your family if your family is also support you for this. if there is any demand for dowry she can file a criminal case against you and your family u/s 498A of IPC read with section 406/34 of IPC. 


(Guest)

As you require advice, so it is given:

Originally posted by : Sushil kumar


Dear sir, I'm married for last 12 years and my marriage life is not going well farm last three years. Around 2 years back I met a lady who was going through divorce. I started liking each other and now in love . Her divorce is completed. Now my wife came to know about my extra maritial affair and wants me to come back to her. 

I want to divorce my wife, I know she won't be ready for MCD. 

I want to know how can I proceed for divorce?

File a divorce petition, state your reasons as to why you seek divorce.

 


Can she file any false case and what precautions should I take?
498a, DV, 125crpc.  For the first one secure a AB.

If my wife don't give me divorce then can I live in with that lady?
Yes you can.  But then be ready to face a 498a etc. And when you stop living with that lady, that lady can file a DV case against you even if you both are not married.

Please help :(

Further advice:


Forget that lady.  You've been married long enough, continue with your married life.

SurenderKumar (Advocate)     21 August 2013

Better to make amicable settelment with your wife , and live with her happy peacfully, some sacrifice is require for getting peace and happy life not every time selffisness, Other side a lasy who is not honest with her first husband how you think she will fair with you ?

Adv k . mahesh (advocate)     21 August 2013

without any cruelty nor any type of misconception only not going well you will not be granted divorce from the court 


(Guest)

agree with experts..

Deenupriya (--)     10 August 2014

Bhai Delhi me rehte ho to Adv SOPHIYA se mil lo wo best hain.unka number 9818183434 hai.

FREDYCHARLES RK - Bangalore (Advocate)     03 April 2015

Agree with expert helping hand ....what guarantee the new lover's immunity to 498A, or 125 Crpc, or IPC 420,120a120,415, or some HM act etc etc  ....remember dude you may end up losing both.... and not sure how many hairs are left on your head by now!!!  I am acquainted with a gentle man who after around 22 years of marriage is running pillar to post literally trying to ward of fiery arrows and shafts of warrants from his wife ...also remember the property and inheritance angle ....... Happy adventure dude .be in touch


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