• Divorce petition

Hi,

I stay in Greater Noida currently with my wife and a 3+ year old son. I am reaching out to you for helping me file divorce petition - either mutual or contested basis the endless infidelity that my wife has been into since last 2+ years with her ex-boyfriend.

I am married since February 2009 through a typical deceitful Indian arrange marriage system where my wife was into a relationship which was not accepted and she was forced to marry. That's when the arrange marriage happen and we got married in Kolkata. I had no clue of all these till the 4th day of marriage. Post which a lot of efforts were put in to make the marriage work but 2 years back when she was already a mother, she went back to renew her pre-marriage relationship with her ex-boyfriend. She has been into all possible deeds during this 2+ years of her affair with that guy. I've been continuously supporting her to come out of it and live a clean life. She is not able to and living a life full of secrecy. That guy lives in Kolkata. It's a case of pure infidelity and during this 2+ years we had no physical relationship as well.

I've been tolerating all her abnormal behaviors of beating me, trying to kill me, beating my small kid and also beats up her mother. She doesn't seem to have normal mental state. I've tried repairing this whole marriage multiple times but she is not able to and in this process I am getting killed everyday on my health, peace and job. 

I would like to discuss and plan the divorce petition. I would request you to share the process you can help me with and also the charges involved for completing a mutual divorce (decree) and also if it turns out to be a contested divorce.
Asked 2 years ago in Family Law from Greater Noida, Uttar Pradesh
Religion: Hindu
Talk to her elderly persons and try to make an amicable settlementYou can ask her if she is ready for divorce if so divorce by filing mutual petition.if she is ready you will get divorce within 6 months.if she is not ready file a divorce case with cruelty coupled with adultery.you can get him examined too get proofs her relationship with ex boyfriend and prove the same with proofs.get recordings chat messages etc. all those will be admissible as evidence in court
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0
1) you  need to gather evidence of her relation ship with her ex boy friend . 

2) you can file for contested divorce on grounds of adultery , mental cruelty. 

3) since your wife is not interested in having any physical relation ship with you convince her to go in for divorce by mutual consent . 


4) it will save you lot of time and money and you can get divorce by mutual consent in 6 months time . 

5) in addition consult a psychiatrist . your wife needs expert medical help for her mental condition
Ajay Sethi
Advocate, Mumbai
23290 Answers
1219 Consultations
5.0 on 5.0
Dear Querist
you may file a Mutual  Consent divorce petition before court if she is ready to do that, if she is not ready for MCD then you can file contested divorce petition due to cruelty and desertion under section 13 of Hindu Marriage Act,  1955.
There is no specific time limit for finalization of contested divorce but it may be approximately 1-3 years and fee and other charges is depend on the advocates. contact a lawyer personally it will be better.
Nadeem Qureshi
Advocate, New Delhi
3534 Answers
130 Consultations
4.9 on 5.0
It is clear case of divorce on the grounds of cruelty,adultery. No  cohabitation for two years is also serious point which amounts to cruelty. If she agrees for mutual consent,fine as it is an easiest process and least time consuming i.e. 6 months to one year otherwise go for contested divorce.Fee and other charges vary from advocate to advocate depending upon his knowledge,experience etc. Please contact a lawyer personally.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
In the given facts, when your wife is not ready to reconcile with her marriage with you though enough time has passed to realise her follies of continuing a relationship beyond marriage,  she may be ready to accept divorce by mutual consent.  A MCD petion can be filed by any good advocate  It is also established that your marriage is irretrievable and you should not wait to take a legal recourse to get rid of an unfaithful wife. If she oisnot ready for MCD file divorce petion on grounds of cruelty/adultery . You should have strong evidence to support your grounds. Talk to her parents. In view of social repercussions of adultery allegation, they might favour a mutual consent divorce.
H. S. Thukral
Advocate, New Delhi
516 Answers
125 Consultations
5.0 on 5.0
dear client, there are two WAYS  of divorce as you know well . divorce through mutual consent is easy one & takes only six months time on the other hand regular divorce take more time I am expert of this field & basically looking after many such case in case of need you may call me at 9891507137, or you can meet me after appointment on my chamber no 486, gali 10, distt. court compound, surajpur, Gr. NOIDA
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations
3.9 on 5.0
1. Mutual divorce can be filed by you only if your wife consents to ending the marriage. In mutual divorce the affidavit shall have to be signed jointly by you and your wife. So if your wife is not ready to end the marriage then the only legal recourse available to you is to unilaterally file for divorce. 

2. You may file or divorce on the ground of her infidelity, but you would need to produce proof of her extra-marital relationship in the court. The proof can be in the form of e-mails, smses, recorded conversations, etc. When confronted with this proof she will be on a sticky wicket in court. If you do not yet have the proof then start collecting the proof right away by availing the services of a detective agency. 

3. The charges for mutual divorce or contested divorce, as the case may be, will be the legal fee of your lawyer, which he alone can tell you.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
You have two option:
1. Firstly, if your wife agrees, then you can file Mutual consent divorce under Section 13B of Hindu Marriage Act 1957. Further before filing MCD decide the terms and condition and also custody of child.
2. If she does not agree for MCD, then you can file divorce under Section 13 (1)(i)  and Section 13(1)(i)(a) that is divorce on ground of adultery and cruelty. Further, it pertinent to mention that when it comes to adultery, the charge of adultery requires strict proof. While the courts acknowledge that adultery by its very nature is generally a secret act where direct evidence is almost impossible.
 
Madras High Court has observed that "It is unreasonable to expect direct evidence regarding such an act like adultery. It will be almost always committed behind closed doors and without witnesses. So, circumstantial evidence is all that can be normally forthcoming regarding adultery. The circumstantial evidence thus produced must however be convincing to the court which should be left in no reasonable doubt regarding the fact of adultery." 
 
The Orissa High Court endorses this view of the Madras High Court by stating "To prove factum of adultery direct evidence is not necessary, it can be proved by oral documentary of circumstantial evidence from which the Court can draw inference beyond reasonable doubt that the opposite party had adulterous relationship with the third person."
 
The charge of adultery, in absence of any direct evidence, can be generally proved by producing presumptive evidence like:
 
(a) circumstantial evidence; 
(b) evidence of non-access and birth of children; 
(c) contracting venereal diseases and 
(d) confessions and admissions
 Indian law treats adultery as an offence under Section 497 of Indian Penal Code, punishable with imprisonment which can be extended for a period of 5 years. Section 497 of Indian Penal Code , 1860 reads as under:
 
"Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery."
 
In view of above, you have an option to make a criminal complaint against the adulterer(the person with whom your wife is having affair) by invoking the penal section 497 and 499 of  Indian Penal Code before the appropriate criminal court in India.
urthermore, with respect to custody of your child, your child is minor and that you need to file a petition for the custody of the children. Section 6 of The Hindu Minority and Guardianship Act states that the ‘natural guardian of a Hindu minor, in respect of the minor’s person as well as in respect of the minor’s property  in the case of a boy or unmarried girl is the father, and after him, the mother, provided that the custody of a minor who has not completed the age of five years shall ordinarily be with the mother.
In your case, your child is 1 year old, so, in view of aforesaid section the Court will allow to retain the custody of your child.
However, incase you wish to retain the child custody, then you can proof the irresponsible behavior of your wife,so for appointment of declaration of any person as guardian, the court shall consider the welfare of minor. The welfare of the child is determined neither by the economic affluence nor a deep mental or emotional concern for the well being of the child.
 
The answer depends on the balancing of all these factors and determining what is best for the child’s total well being and thus there are numerous occasion wherein Supreme Court has allowed father to retain the custody of child.
Sudershani Ray
Advocate, New Delhi
192 Answers
25 Consultations
4.9 on 5.0
Hi, contact any local advocate and filled divorce petition by way of mutual consent if your wife agreed and charges of the advocate will differ from one advocate to another.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1. First talk to her about mutual consent divorce,

2. If ashe agrees, then file it at the place where she is staying now,

3. In case of MCD, you both shall have to appear before the Court after six months during 2nd motion,

4. If she does not agree for MCD, collect all evidence of her extra marital affair and also cruelty,

5. It is to be noted here that you shall have to produce irrefutable evidence of her extra marital affair which includes physical relationship. Just talking to some body or meeting him often does is not considered as 'having an affair',

6. Once you are equiped with all evidence like text message, audio & video recording, letters etc., you can file a divorce suit based on the ground of cruelty,

7. Contested divorce case takes years if otherside wants to drag it.
Krishna Kishore Ganguly
Advocate, Kolkata
12118 Answers
231 Consultations
5.0 on 5.0
Hello,
Under circumstances Mutual Consent Divorce would suit you best as it would grant you divorce in six month's time.She has already overtly declared her intentions of not remaining in the marriage and would therefore agree to that suggestion.
If she is not agreeable file for Divorce  on grounds of cruelty and unfaithfulness.Make sure you gather sufficient proofs to support  your case...such as smses,email communications,voice recordings and a few witnesses who can testify .
Fee of the advocate is subjective and so differs.Engage a lawyer locally.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0

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