• Divoce petition under which section

If after 4 days of marriage wife kept relation with other person than husband under which section can divorce petition be filed by husband.
Asked 4 years ago in Family Law from Mumbai, Maharashtra
Religion: Hindu
husband cannot file for divorce within one year of marriage . if your wife has maintained relations with another man after marriage then husband can file for divorce on grounds of mental cruelty , adultery under section 13 of hindu marriage act 

. however please note that adulterer has to be named as respondent in divorce petition 

 where Petition for divorce was filed by husband on ground of adultery but the alleged adulterer was neither named nor impleaded as respondent in such Petition.Held that Petition is NOT MAINTAINABLE due to non-joinder of necessary Party-- AIR 2003 P&H 334 Ram kumar VS Raksha
Ajay Sethi
Advocate, Mumbai
47969 Answers
2848 Consultations

5.0 on 5.0

Why are you so interested in knowing under which section it is to be filed? The divorce petition can be filed by the husband on the ground of adultery if there is any evidence of her infidelity.
Ashish Davessar
Advocate, Jaipur
23426 Answers
653 Consultations

5.0 on 5.0

dear client u can file divorce petition on grounds of adultry & mental cruelty under section 13 of hindu marriage act. but mind u have to prove her relationship in court . then only divorce will be granted.
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations

4.6 on 5.0

Dear Querist
if both the parties are hindu and the marriage was solemnized as per Hindu Law then the husband can file a divorce case before district court u/s 13 (1)(ia) of Hindu marriage Act along with an application u/s 14 of HMA.
(1) Notwithstanding anything contained in this Act, it shall not be competent for any court to entertain any petition for dissolution of a marriage by a decree of divorce, 1[ unless at the date of the presentation of the petition one year has elapsed] since the date of the marriage: Provided that the court may, upon application made to it in accordance with such rules as may be made by the High Court in. that behalf, allow a petition to be presented 1[ before one year has elapsed] since the date of the marriage on the ground that the case is one of exceptional hardship to the petitioner or of exceptional depravity on the part of the respondent, but if it appears to the court at the hearing of the petition that the petitioner obtained leave to present the petition by any misrepresentation or concealment of the nature of the case, the court may, if it pronounces a decree, do so subject to the condition that the decree shall not have effect until after the 1[ expiry of one year] from the date of the marriage or may dismiss the petition without prejudice to any petition which may be brought after the 1[ expiration of the said one year] upon the same or substantially the same facts as those alleged in support of the petition so dismissed.
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Nadeem Qureshi
Advocate, New Delhi
4916 Answers
228 Consultations

4.9 on 5.0

You go through the bare and than if you have any reservations pl ask.
Anil Gupta
Advocate, New Delhi
180 Answers
41 Consultations

4.5 on 5.0

You go through the bare act than if you have any reservation pl seek clarification.
Anil Gupta
Advocate, New Delhi
180 Answers
41 Consultations

4.5 on 5.0

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