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ak sharma   29 June 2021

Want a Divorce

Sir , My brother's wife was having an affair , She ran away to her father's home But left her phone with a note that she don't want anything that I gifted , when we scan her phone we found Chat,video calls,whatsapp chats,audio etc. , She abort 6 week old child and when I asked her why u done this She replied I have doubt that the baby belongs to you or her bf. I have all recording, than she admitted that she was having an affair with someone and have adult relationship with him.

How can I apply for divorce?
In Only 6 month long marriage

Can I file for adultery ??


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 3 Replies

AYUSHI TYAGI   29 June 2021

Good morning sir, 

I hope you are doing well and I hope you get the answer from this.

Yes , you can apply for divorce.

1. If you are a Hindu you can file for divorce under HMA, 1955 on the grounds of adultery and mental cruelty as your wife aborted the child without informing you and without your consent.

2. If you are a Muslim, you can divorce on the ground of adultery through a judicial decree.

3. If you do not belong to any of the above religions, you can file for divorce under Special Marriage Act, 1954 on the grounds of Adultery and mental cruelty.

You can ask further queries and Like the comment if it satisfies your query.:)

Have a great day ahead.

ak sharma   29 June 2021

hey , thank you mam .

Sory I didn't mention, I am Hindu.
One more thing I want to ask mam, Is there any minimum period for filing divorce on the grounds of adultery ?

AYUSHI TYAGI   29 June 2021

Ok, so there is a mandatory cooling off period of 6 months which is required under law in such cases but it is not mandatory for court to always grant cooling off period. It will depend upon the merits of the case.

Or you can seek divorce with mutual consent in which you will be required to prove that both the parties cannot carry forward with the marriage as there is no possibility of co-habitation.

You can also read this article: https://www.business-standard.com/article/pti-stories/6-month-cooling-period-for-granting-divorce-can-be-waived-sc-117091201299_1.html


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