• Divorce

My wife has checked my mobile and found my browsing for escorts and porn . She wants divorce from me as she thinks I have extramarital affairs which is totally false. 
 I am enable to convince her. She wants divorce . And she claims me and my parents have not treated her well . How to proceed and she is at her mother's place .
Asked 5 years ago in Family Law
Religion: Hindu

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26 Answers

1. If she wants to dissolve the marriage, and you do not want it, then let her file a petition for dissolution of marriage and you can contest it fittingly. It is not a cakewalk to get a decree of divorce in India as the petitioner has to prove his allegations in contested proceedings.

2. Seek counselling through a marriage counsellor.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1) Go and convince her that what she had seen on your mobile its not seen by you. One of your friend has browsed the illegal sites from your mobile, henceforth you will not doing any such thing and nor allow any friend to browse your mobile.

 

2) What so ever are issues with your parents that can be sorted out by way of talk or mediation.

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

Convince your wife that you would not watch porn or watch it only with her. And also convince her that you would NEVER seek escort services. 

Stay true to your word. It's not a flimsy issue, as divorce is granted on these grounds and there's no reason it won't be granted to your wife if she moves family court. So mend your ways

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1545 Answers
5 Consultations

4.4 on 5.0

A divorce petition has to be filed in the family court in case you too want divorce. In case you do not....then try to convince her that you will not do such acts in the future. Try to get help from close friends and relatives.

Regards 

Rahul Mishra
Advocate, Lucknow
14081 Answers
65 Consultations

5.0 on 5.0

No, if you are not ready to give her div, one sided it's not possible and it's not a valid reason for divorce.

 

By way of mediator or family counselor can have talk with you both husband and wife your problem will be solved.

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

This is not a ground of divorce.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Although this is not a ground for divorce as per the law.. but search usually means that you may be sexually active and may be consorting with the escorts. Which amounts to an affair. Can be extended to such so that divorce may be sought.

 

Rahul Mishra
Advocate, Lucknow
14081 Answers
65 Consultations

5.0 on 5.0

You have not indulged in any extra marital affair 

 

2) refuse to agree for divorce 

 

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

 

 

4) burden of proof is upon wife to prove allegations made in divorce petition 

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

Watching porn , browsing for escorts amounts  to mental cruelty and wife can file for divorce on grounds of mental cruelty 

 

 

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

Therefore she can be persuaded to come back if you want to leave this act.

Rahul Mishra
Advocate, Lucknow
14081 Answers
65 Consultations

5.0 on 5.0

Dear Querist

watching porn and chatting with escorts may come under the cruelty and based on cruelty she may claim divorce as per section 13(1)(ia) of Hindu Marriage Act-1955.

 

if there is no chance for reconciliation then it will be better to file mutual consent divorce under section 13B of Hindu marriage Act-1955, otherwise she may create problems in life as she start a legal battle with you and your family.

 

she may file divorce case based on cruelty, she may also file domestic violence case against you and your family members, she may also claim maintenance under section 125 of Criminal procedure code if she is not able to maintain herself.

 

she may also file a case of dowry demand and cruelty under section 498A of IPC read with section 406 of IPC.

 

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

See you can defend on this ground if your wife files a divorce on this ground though I would advise you to sit with your wife and family and settle it amicable so that marriage is not ruined as even if you contest in court relation may get sour. So talk to her and settle down.

In case she files divorce in court you can defend and deny browsing and you can deny other allegations as wife has no proof of same.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

This is not ground of divorce seek marriage counselling and try settling the dispute.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Dear Sir

It is a remote chance and it does not come under any definition of granting divorce.  If she venture to file any such divorce petition on such flimsy grounds it will be definitely dismissed.  Further it is personal infringement of your rights and such evidence cannot be accepted.

Kishan Dutt Kalaskar
Advocate, Bangalore
6135 Answers
483 Consultations

4.8 on 5.0

Hi, On the basis of the above two grounds, she will not get the divorce, she has to prove the cruelty and watching porn in private will not be an offence. 

Pradeep Bharathipura
Advocate, Bangalore
5604 Answers
335 Consultations

4.5 on 5.0

Basically everything can be grounds for divorce. 

Try to settle dispute amicably through elders of both family's. 

If she not coming back to your home file section 9 for. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Consult local family lawyer and try to settle dispute amicably. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

  1. if you want to rejoin the matrimonial knot, then, 

try to settle the matter amicably with your wife involving elders/relatives/friends etc and take her back, if, failed, file Restitution of conjugal rights petition in the Court,

and,

  1. if you also want to terminate the marriage, then,

try to settle the matter amicably with your wife involving elders/relatives/friends etc and go for Mutual Consent Divorce which will be decided in 6-18 months, and you both will be free to live life with your wish,

 

3. stay calm and let her file the case for seeking a decree of divorce, on appearance, make a request to the court to send you for mediation, and matter can be resolved at that stage also

 

Suneel Moudgil
Advocate, Panipat
2380 Answers
6 Consultations

4.8 on 5.0

Hello,

I would like to suggest you to settle it mutually. Try to convince her , try to contact her parents and ask them to solve the issue.

No we're watching of anything is not a ground but it can be raised before the court .

Regards

Swarupananda Neogi
Advocate, Kolkata
2963 Answers
6 Consultations

4.7 on 5.0

Please go through the provisions:.

Section 13 in The Hindu Marriage Act, 1955

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—

16 [(i) has, after the solemnisation of the marriage, had voluntary sexual intercourse with any person other than his or her spouse; or]

Swarupananda Neogi
Advocate, Kolkata
2963 Answers
6 Consultations

4.7 on 5.0

If she wants to file divorce case, since you do not want to agree for that, you may ask her to file a contested divorce case on her own which you can challenge before the trial court.

In any case there will be a mediation where you both will be allowed to interact and the mediator will counsel you both for reconciliation of difference of opinions between yo both, you can hope for rejoining after convincing her at that time.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

That is her mentality, she may too possessive about you hence she is suspecting your character too much, you can take care of such issues in the mediation.

 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

She can't get divorce for you watching porn.  You can file restitution of congual rights petition if she files divorce

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

  1. The acts that have been committed by you, may not be the ground of adultery at your end as you just been browsing, but not exactly enjoyed any service of escorts.
  2. But, she can use the same on the ground of mental cruelty on her for getting divorce from you.
  3. If she happens to file divorce on any of the grounds then I would suggest you to request for he mediation session and try to convince her.

Sanjay Baniwal
Advocate, South Delhi
5473 Answers
13 Consultations

5.0 on 5.0

Dear sir 

Surfing through internet is not a ground for divorce. There must be something else in her mind. 

Try to solve the issue through counselling or mediation.  This will be the best way out in this situation.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Dear Sir,

Nothing to worry, watching porn or browsing for escorts are not grounds for divorce.  This is personal one. File Restitution of conjugal rights against your wife. RCR petition along-with mediation will help you more in convincing your wife to move back to her matrimonial home.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

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