• One side divorce

I married a girl in 2013 september.After marriage it was known to me that she had affairs with her brother in law. I told you choose only one either him or me both can not be maintained staying along with me.I avoided going her mother's home as her brother in law resides near her mother's home.Being her mother still living so she was allowed to go her home for meeting her mother. But yesterday it was known to me that she went her brother in law's home also and dined together.During sleeping at night she utters Janu-- Janu (Nick name of her brother in law). More over two times she slapped me during this 4 years 9 months period. I also slapped her in retaliation for which once she drank liasol (Floor cleaning liquid) but she saved. Yesterday and even today I asked her to get divorce each other but she refused. Please help me in getting future disturbance as I do not want to beget child with her.
Asked 4 years ago in Family Law
Religion: Hindu

4 answers received in 10 minutes.

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14 Answers

You can file divorce on grounds of cruelty by wife against you and her suicidal tendencies.

Did you take her to a hospital when she tried to commit suicide?

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

Hello sir , it is advisable to file divorce on the grounds of adultery ... However you will need sufficient evidence to proof her relationship with brother in law ... You can take a help of a detective agencies to track her movements...

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

This is my response to you:

1. You will to file for contested divorce in the district court nearby;

2. File the divorce petition and also lay down the main ground rules for divorce;

3. The grounds would be adultery, cruelty and other relevant grounds to your case;

4. Also, file complaint to the police station for her attempt to commit suicide otherwise the blame would come on you;

5. Make sure you take legal steps in a well mannered way so as to avoid any complication for you.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Section 13(1)(ia) of the Hindu Marriage Act 1955, provides:

13 Divorce —

(1) Any marriage solemnised, 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;

(ia) has, after the solemnisation of the marriage, treated the petitioner with cruelty;

Filing divorce on grounds of adultery requires a lot of evidences, hence filing on such grounds should be avoided, if you do not have specific evidences which can prove her adulterous relations.

It is difficult to lay down a precise definition or to give exhaustive description of the circumstances, which would constitute cruelty. It must be of the type as to satisfy the conscience of the Court that the relationship between the parties had deteriorated to such extent due to the conduct of the other spouse that it would be impossible for them to live together.

For any other queries feel free to call.

Regards.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

Firstly you need to get proof that she's having adulterous life once you collect enough proof file for divorce under Section 13 of hindu marriage act under ground of cruelty and adultery. She may file false case of dowry harassment or claim for maintenance under section 125 which you need to contest.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

gather evidence of her extra marital affair

2) file for divorce on grounds of mental cruelty and adultery

3) make her lover co respondent in divorce case

4) you can also file case of adultery against her lover under section 497 of IPC

5) wife guilty of adultery is not entitled to maintenance .

Ajay Sethi
Advocate, Mumbai
87901 Answers
6207 Consultations

5.0 on 5.0

you have to prove allegations made in divorce petition filed by you of mental cruelty and adultery

Ajay Sethi
Advocate, Mumbai
87901 Answers
6207 Consultations

5.0 on 5.0

Dear Sir,

File a contested divorce against her on grounds of cruelty and adultery under section 13 Hindu marriage Act.

Further you have to make brother in law co-respondent for adultery. The divorce has to filed in jurisdictional family court.

Also you can file a criminal case on brother in law for adultery with your wife.

Further if you are having a kid to file an application along divorce for custody of child.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Further there is possibility she can file false cases on you like of domestic violence when you file against her so you should ready for defence and further produce evidence to the effect you have like message records, any confession along the divorce petition

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You are not at her mercy for obtaining a Divorce. You can file a contested Petition for Divorce but before taking any such step, you ought to collect proof of her adultery as your suspicions will not be enough to land you a Divorce. Once you have the proof either you can confront her with the same in front of the entire family and force her to agree for MCD or else file a contested matter.

Radhika Mehta
Advocate, Mumbai
484 Answers
4 Consultations

5.0 on 5.0

1) Before taking divorce first you bith should visit counselor and get done counseling of her and see what result outcome of this and depending upon that you can decide whether you want to take divorce or not.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Firstly, yes you can very well file divorce on the basis of the ground of her been in adultery.

Secondly, if you able to prove adultery then you may also need not to give alimony to her.

Thirdly, you just need to arrange some document like message recordings etc. to make your part more strong.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

You can collect the evidence of hr acts of adultery with him, lodge a criminal complaint agaisnt him for the offences of adultery.

Simultaneously you may file a divorce case on the grounds of adultery on the basis of the documentary evidences you collected to prove her adulterous life.

T Kalaiselvan
Advocate, Vellore
78059 Answers
1543 Consultations

5.0 on 5.0

How can I get divorce as she refused; should I ready myself to face more complicated situation in life?

Dont worry if she refuses to sign divorce papers for mutual consent divorce.

You can file contested divorce case against her on the grounds of cruelty and adultery.

T Kalaiselvan
Advocate, Vellore
78059 Answers
1543 Consultations

5.0 on 5.0

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