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(Guest)

Whether wife can seek divoce if her husband is seduced ?

If happily married man is seduced by the other woman (by any means drug, wine etc). Whether the husband is treated as Innocent and whether his wife can seek divorce on this ground that he has committed adultry with other woman.Please advice
 



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 20 Replies

Raghav Sood (Lawyer)     19 July 2011

well its a intriguing query

if a man lost its sanity temporarily by drug wine how he be able to perform.

because to accomplish the act he is required to be in senses at least little.

naveen (finance officer)     19 July 2011

I think  you should forgive him bse this is not his fault .anyone can be seduced by drugs and drings

so breaking relation is not at all solution for this .

but you should warn to your husband that in future stops taking drugs and drings

Ashok Yadav (Lawyer)     19 July 2011

Surely wife can apply for divorce on this ground u/s 13(1) of H.M.A. but how the wife will prove the act of husband in the court. Court will not grant decree for divorce only based on allegation, court will ask to prove, it depends on wife how she will prove it in the court, if she could not prove the act in court she wont get decree of divorce.

naveen (finance officer)     19 July 2011

in the law ,adultrulty proving is very difficult 

bse you have to prove the photos and vedios at the time of co-habiation and evidance who is present at the time of co-habitation

so when you go for divorce also for adultary then in my openion divorce may be very difficult and waits for years (minimium 3-4 years you waste your precious time ) 

 

so plse advice for the wife that forget this mistake and forgive to the husband and live life happily.other wise you will duging the whole for your own

naveen (finance officer)     19 July 2011

in the law ,adultrulty proving is very difficult 

bse you have to prove the photos and vedios at the time of co-habiation and evidance who is present at the time of co-habitation

so when you go for divorce also for adultary then in my openion divorce may be very difficult and waits for years (minimium 3-4 years you waste your precious time ) 

 

so plse advice for the wife that forget this mistake and forgive to the husband and live life happily.other wise you will duging the whole for your own

Ms Liberal (others)     19 July 2011

Women should forgive the sin of man in such cases as the man has no intentional fault on this


(Guest)

@ Ms Liberal. I don't expect this kind of reply from you. You ups and down bevaior shows that you are differnt psycho personality


(Guest)
Originally posted by :Anonymous
"
@ Ms Liberal. I don't expect this kind of reply from you. You ups and down bevaior shows that you are differnt psycho personality
"

What did u expect from Ms Liberal?She told how a normal wife will react in such incident of husband.


(Guest)

If wife intends to seek divorce, you cannot compel her not to seek. Seeking of divorce and getting divorce are two different things. Husband can prove his innocense.

Devesh A. Bhatia (Advocate)     21 July 2011

The act says

Section 13

 

(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) is living in adultery; 


In my interpretation, living in adultry means the relation has been established more than once. So only one time will not be construed as living in adultry.

Secondly, Sec 13 presumes that person is capable of making decisions regarding this matter. If it can be proved that the person was drugged, not by his choice but by someone else, the argument of commission of adultry may not stand solid grounds.

 

N.K.Assumi (Advocate)     26 January 2012

Are man and woman have the liberty to fall in temptation? and say he/she was tempted? I would say it's darn silly excuse.

Roshni B.. (For justice and dignity)     26 January 2012

the lady wud have seduced,then had s*x with the man inside a bedroom only;not in any conference hall.


who asked this man to initially go alongwith this lady into a bedroom?

who asked him to accept a drink from another woman(other than his wife)inside a bedroom?

are his own behaviors decent enough?






now dont preach modernity,that there's no harm in accepting a drink from another woman..

gaury..fight to win (Education)     26 January 2012

Roshni, the situation may be different ...he may mistakenly arrive at her house if her family is known to him and she is alone with ill intension( which is not in his knowledge!) offers drinks ..then all those happens..

(whatever it may be he could leave when he comes to know tht she was alone at home)

rajiv_lodha (zz)     26 January 2012

All assumptios here!

Moot point is -- Its upto wife 2 forgive or not this act of husband.......choice is very specific one........its her call only.

Legally she can SEEK divorce..........but beware.....its very difficult to PROOVE!

Gud Luck


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