1)you can file for divorce on grounds of mental cruelty in Inida

2)if you have evidence of wife extra marital affiar you cna file for divorce on grounds of adultery too

3) make her lover co respondent in divorce case

4)you have to prove allegations made in divorce petition

5)divorce petition has to be filed where the marriage was solemnised or where parties resided after marriage or where your wife is residing

1.For getting a decree of divorce which would be recognised in both countries you need to file suit for such relief in India only. If you have no immediately planning to come to India then your parents on the basis of PAO can file the suit.

2.If you have proof of their physical relationship then you can file criminal case of adultery against her partner u/s 497 IPC.However such case does not lie agaisnt your wife.

3.Apart from these two cases there is no not much litigations you can take resort to.

4.To ensure physical custody of the child file custody suit and seek injunction agisnt her forceful removal from you by your wife.

Good luck/

If your marriage solemnized in India then you can file a divorce suit in India. There are two types of divorce as per provision in laws, one is mutual consent divorce, which you can file a joint petition with your wife. Another is contested divorce suit, if your wife would not willing to mutual divorce then you can file a divorce suit on contest by sending notice to your wife. But better option is mutual consent divorce shortest and easy way.

Who wish to take benefit of Indian laws and legal system to avoid facing up to any foreign judicial system. Divorce allows a person to break free from an onerous marital relationship. As per the law as it stands our legal system does not allow divorce to be granted on the ground of irretrievable breakdown of marriage or irreconcilable differences. To get a divorce one has to prove wrongdoing on the part of other spouse, and impeccable conduct of one’s own in order to win. Divorce is granted only on proof of fault or guilty conduct of one party and innocence of the other. The most common ground for divorce is cruelty. Another common ground is adultery (sexual intercourse outside wedlock) one instance of lapse of virtue can lead to divorce.

Adultery is a ground for divorce under Section 13(1)(i) of Hindu Marriage Act, the spouse who engages in extra-marital intercourse is guilty of adultery. In case of adultery direct proof is difficult to get and one has to rely for proof thereof on circumstantial evidence and the same may be sufficiently proved from which adultery maybe inferred. The burden of proving adultery in a matrimonial case is on the person who makes the allegation. The standard of proof in "proceedings under the Act being initially of a civil nature is by preponderance of, probabilities and not by proving it beyond reasonable doubt. General evidence of the ill-repute of the husband or of the lewd company that he keeps, or even that he knows the addresses of prostitutes and was seen with doubtful women, would neither prove nor probabilise adultery. Adulter , as a general rule, is proved by presumptive proof based on:

(i) circumstantial evidence,

(ii) evidence 0 non-access and the birth of children,

(iii) Contracting venereal disease,

(iv) evidence of visit to houses of ill-repute,

(v) admissions made In previous proceedings,

(vi) confessions and admissions of the parties Mere suspicion is not sufficient.

Section 19 of the Hindu Marriage Act, 1955 (HMA). It deals with territorial jurisdiction of Petitions filed under the Act.Every petition under this Act shall be presented to the district Court within the local limits of whose ordinary original civil jurisdiction –

(i) the marriage was solemnized, or

(ii) the respondent, at the time of the presentation of the petition, resides, or

(iii) the parties to the marriage last resided together, or

(iii-a) in case the wife is the petitioner, where she is residing on the date of presentation of the petition, or

(iv) the petitioner is residing at the time of the presentation of the petition, in a case where the respondent is, at that time, residing outside the territories to which this Act extends, or 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 him if he were alive.

Hi

since you are separated from your wife for more than last one year I advise you to file divorce petition on the mutual agreement .

Since your wife is living with your parents and you have not discussed any dispute with them and they are in favour of her..

You may make the basis of her extra marital relation for your divorce petition if you have any proof.

You need to file divorce petition on the ground of mental cruelty along with the custody of daughter. You can contact me at [deleted]

Hi sir , it is advisable to file case in New Zealand as it is much more easier to obtain divorce there as compared to India where law is rigid in passing divorce decree .. You can also file a adultery chargers on the individual with whom she is having a relationship .. I am frankly advising you , that it will me more favourable for you to proceed with litigation in Nz

It is good that you can come back to India to file a divorce against your wife. It was even advisable to do so.

Since you wife has been in an extra-marital affair, this constitutes sufficient ground for you to obtain divorce from her.

File a petition for divorce under section 13(1) of the Hindu Marriage Act.

Also, to seek complete and exclusive custody of your child, make an application under the guardians and wards act.

Since your wife has an extra-marital affair the same becomes a ground for you to file a divorce on the ground of cruelty. It will be better if you file a case of divorce in India and the same can be filed through a POA.

Also if she is living separately then it will be even better if you talk to her and ask her to settle the matter mutually by filing a petition for mutual consent divorce. Also, take note of the fact that the same will save both money and time of both the parties.

If you are not in talking terms with her then you may ask a lawyer to issue a legal notice, calling her to settle the matter amicably.

Regards

1. Women cannot be prosecuted for adultery in India.

2. If you have evidence of the adultery of your wife with the men then he can be prosecuted for adultery in india ( you mentioned the relationship is in NZ ) .

3. You can file a petition of judicial separation on the ground of adultery committed by your spouse ( if you are not legally separated yet ) .

4. Adultery is a ground for divorce. So, you can apply for divorce. To apply divorce petition in india, anybody can apply with the POA signed by you.

5. A wife is not entitled to get maintenance from the husband if she lives in adultery. You need to prove your allegations.

6. Which kind of cases and you would like to put on whom? ( Pls clarify ) .

1. Collect the evidence of her running the affair with the third party.

2. Any evidence proving her having had physical relationship out of her wedlock will be excellent.

3. Also collect evidence of her cruel acts and behaviour on you, if possible.

4. Thereafter file a divorce suit in India on the ground of cruelty keeping in mind that running a affair out of the wedlock is also considered as an act of cruelty .

5. You can also negotiate with your wife to jointly file a mutual consent divorce petition on agreed terms which will be decided with in 6 & 1/2 months from the date of its filing.

Better u should contact.

If you have decided to file divorce case in India, you can do so by filing a divorce case on the grounds of cruelty.

You may have to be in India through out till the divorce case is disposed. It may take at least three years to get disposed.

Alternately you can give a power of attorney to any close relative who will represent you in your absence and you may come back for deposing your evidence