No, no fault divorce is no ground to seek divorce in India.

Divorce can only be sought on the grounds as mentioned in the Hindu Marriage Act.

Note that the divorce can only be filed after 1 year of marriage.

What you have to pay depends on lots of circumstances and can not be told on the set of facts as told by you here.

You also have the option of filing Mutual Consent Divorce, which will involve less legal complications and may settle the issue easily.

Regards

1) only in exceptional circumstances can you file for divorce before expiry of one year of marriage

2) you dont have any evidence against her

3) to obtain divorce you have to prove allegations made in divorce petition

4) contested divorce cases take 5 years to be disposed of

5) court will direct you to pay around Rs 7000 a month as maintenance if wife is not working

1. Before the expiry of the month of May,2018 you cannot apply for divorce.

2. Mutual Divorce takes six months of time.

3.If divorce on mutual consent does not take place then you will have to file contested divorce suit.

4. Contested divorce suit takes time which should not be less than 4-5 years.

you cannot divorce just like that, ex parte divorce nif at all you file, summons would be served upon your wife and only if she does not appear the judge will decide whether you should get divorce or not, if your wife objects with her lawyer and comes to court it will be a lengthy process, there are other ways in handling it, kindly contact

Hi

You need some strong grounds for divorce.

If you don't want to live with her anymore then talk to her about it, best possible way out can only be mutual consent.

If she does not agree then file the divorce petition under 13(1) HMA , with some strong grounds and proofs,

"I do not live marriage life anymore, do not marriage again", MERELY THIS STATEMENT I THINK WILL NOT BE SUFFICIENT.

If she also agrees to divorce then settle for one time payment of the amount which you mutually decide.

If she doesn't agree to mutual consent then you may have to pay her monthly maintenance and alimony at the time of divorce decree.

Thank you

Yes You can apply for dissolution of marriage on this behalf , but she will not be prosecuted for adultery only divorce decree will be granted and that is what you want i think.

1) you have to make out case for judicial separation

2)contact a detective agency and gather evidence of adultery

3) court would not believe that your wife is guilty of adultery with her own brother unless you are able to prove your allegations made

Respected sir ...

You can file a petition under section 13-A of HMA when she does not give her consent ...And sir you have to mention grounds while filling the petition which may be suitable for you ..Such as cruelty ... Adultery etc ...But if you have proff which you want to give in petition that will be best for you...

Ya she can claim maintenance from you under section 125 of crpc and court will order as it seems fir for the court ...Advice ...Show your income less in your ITR ...HER proff of Adultery while producing C.D of that recording along with certificate of 65-B of evidence act ...

Thanku

either you can file divorce on ground of extra marital affair or you may file a mutual consent divorce.

But either of these can only be filed after 1 year of marriage.

Regards

Hi, either you can file divorce on the grounds of adultery .. But it is advisable to file a mutual consent petition .. The alimony is a matter of mutual understanding .. The divorce petiton can be filed after 6 months of marriage

You will have to wait till 8.5.18, before you can move to court for divorce, either by mutual consent or contested.

The cause shown by you is insufficient for grant of divorce to you. You will have to contest divorce and obtain the same on one of the grounds mentioned in section 13 (1) of the Hindu Marriage ACt.

1. Divorce can be legally sought on some acceptable ground as stipulated by Law like cruelty.

2. "I found something wrong with she but I have no proof. but now I can't live with her" is no ground for seeking decree of divorce from the Court.

3. If you do not maintain her she can file a petition u/s 125 of Cr.P.C. and claim maintenance from you which may be 25% of your net monthly income to be decided by the Court.

4. If she also wants divorce then it will be prudent on your part to negotiate with her and jointly file a mutual consent divorce petition on agreed terms, which will be decided within 6 & 1/2 months from the date of its filing.

1. Even for separation, you shall have to seek the same on acceptable ground.

2. Court may not accept your allegation of her having adulterous relationship with her brother.

3. If you have irrefutable evidence in support of your allegation, then you can file the divorce suit and in that case audio recording saved in mobile phone will be considered as a valid evidence by the Court.

Though your marriage is not registered, she will prove that marriage has been done by way of photos, audio, video etc. Court will believe her version. You will not get divorce without her consent. Petition will not work.

You can file separation, but you will not get divorce. Her acceptance of the condition also will not work.

Hence, my advise is to give her permanent alimony, marriage expenses, return her articles and get rid of this marriage.

See you can file the petition of divorce on the ground of mental cruelty and adultery. If you succeed to prove the adultery in a petition then you dont need to pay the any maintenance or alimony.

Maintenance or alimony is depend upon facts, conditions and circumstances of the parties.

Judicial separation is an instrument devised under law to afford some time for introspection to both the parties to a troubled marriage. Law allows an opportunity to both the husband and the wife to think about the continuance of their relationship while at the same time directing them to live separate, thus allowing them the much needed space and independence to choose their path.

You may confirm that whether your proposed divorce falls into any one of the following grounds of divorce as per law.

Grounds for Divorce under the Hindu Marriage Act, 1955

The following are the grounds for divorce in India mentioned under the Hindu Marriage Act, 1955.

Adultery – The act of indulging in any kind of sexual relationship including intercourse outside marriage is termed as adultery. Adultery is counted as a criminal offence and substantial proofs are required to establish it. An amendment to the law in 1976 states that one single act of adultery is enough for the petitioner to get a divorce.

Cruelty – A spouse can file a divorce case when he/she is subjected to any kind of mental and physical injury that causes danger to life, limb and health. The intangible acts of cruelty through mental torture are not judged upon one single act but series of incidents. Certain instances like the food being denied, continuous ill treatment and abuses to acquire dowry, perverse sexual act etc are included under cruelty.

Desertion – If one of the spouses voluntarily abandons his/her partner for at least a period of two years, the abandoned spouse can file a divorce case on the ground of desertion.

Conversion – Incase either of the two converts himself/herself into another religion, the other spouse may file a divorce case based on this ground.

Mental Disorder – Mental disorder can become a ground for filing a divorce if the spouse of the petitioner suffers from incurable mental disorder and insanity and therefore cannot be expected from the couple to stay together.

Leprosy – In case of a ‘virulent and incurable’ form of leprosy, a petition can be filed by the other spouse based on this ground.

Venereal Disease – If one of the spouses is suffering from a serious disease that is easily communicable, a divorce can be filed by the other spouse. The sexually transmitted diseases like AIDS are accounted to be venereal diseases.

Renunciation – A spouse is entitled to file for a divorce if the other renounces all worldly affairs by embracing a religious order.

Not Heard Alive – If a person is not seen or heard alive by those who are expected to be ‘naturally heard’ of the person for a continuous period of seven years, the person is presumed to be dead. The other spouse should need to file a divorce if he/she is interested in remarriage.

No Resumption of Co-habitation – It becomes a ground for divorce if the couple fails to resume their co-habitation after the court has passed a decree of separation.

Also be aware that you cannot file a divorce petition within one year from the date of marriage.

Can I apply for separation? what is the law about separation?

I told her about her adultery with her brother and asked for don't talk or meet with him in future. then she accepted this condition. this conversation recorded in my mobile. can I show it to proof.

Judicial separation is an instrument devised under law to afford some time for introspection to both the parties to a troubled marriage. Law allows an opportunity to both the husband and the wife to think about the continuance of their relationship while at the same time directing them to live separate, thus allowing them the much needed space and independence to choose their path.

Judicial separation is a sort of a last resort before the actual legal break up of marriage i.e. divorce.

judicial separation can be had on any of the following grounds:

Adultery

Cruelty

Desertion

Apostacy (Conversion of religion)

Insanity

Virulent and incurable form of leprosy

Venereal disease in a communicable form

Renunciation of world by entering any religious order

Has not been heard of as being alive for seven years

The Courts while dealing with the applications for judicial separation shall for grant of relief claimed and insist on strict proof to establish those grounds and shall not grant some relief or the other as a matter of course.