Last Updated on June 14, 2018 by Legalseva.net
Q1.I have discovered that my spouse is in an adulterous relationship? Can I file for divorce for the same?
Adultery is valid ground for divorce in India. Adultery is illegal as per Section 497 of the Indian Penal Code, 1860 which reads as under:
There must be genuine sex with another person during a current marriage for it to be constituted as infidelity. For instance, in case a spouse had kept sent few letters and had demonstrated a few signals of love before marriage to someone else, that can’t be made the premise of separation after marriage on the ground of infidelity.
Moreover, the sex should be voluntary otherwise it would be amounted as rape rather than adultery
Q2. Can only one instance of adultery enough for divorce?
Yes, only one instance of true adultery that means an act of sexual intercourse only once is enough to file for divorce on the ground of adultery
Q3.How long after marriage can a person seek divorce Under Hindu Law?
It is written under the Hindu Marriage act of 1955 under section 14 that no divorce can be filed within one year of the marriage but if your case falls under exceptional hardships then the high court can allow you to file for divorce.
Q4. My wife writes false letters to my superior officers and says that I am having another wife somewhere else. She also does not treat my parents or gives any respect when they come to live in my house. Can I have divorce on such instances?
The wife is writing defamatory letters than the husband is practicing adultery which affects the mental peace of the husband. The husband can seek for divorce under the ground of cruelty as cruelty is of two types and this falls under mental cruelty.
Q5. If the wife has left the house of her husband and was living away from him without any reasonable cause, can the husband be entitled to judicial separation or divorce? Is there a time period for filing of divorce petition?
You could be entitled to both for that it is necessary to prove that the wife had deserted you for a continuous period of two years and to entitle yourself to divorce you would have to prove that the wife has deserted you without any reasonable cause with the two year condition.
Also Read- MUTUAL CONSENT DIVORCE IN ZIRAKPUR AND DERABASSI
Q6. If one of the spouse is not at all ready to give the divorce at any cost, then how much maximum time it can take to get the decree for divorce?
For the purpose of divorce you need to file a petition before the court but the divorce can only be granted under grounds described in section 13 of Hindu Marriage Act and as per maximum time, the maximum time is no where specified as it varies and depends on many factors.
Q7. On what ground can one file for a Divorce in India?
The grounds are as follows :-
a) Adultery b) Desertion c) Crueltyd) Conversion e) Mental Disorder f) Leprosy g) Venereal Disease
h) Renunciation i) Not Heard Alive j) No Resumption of Co-habitation
Q8. How much does it cost to get a divorce?
There are two main costs that are involved , the first being the cost of filing a divorce which is very low and the second is the cost of divorce lawyer. Now the cost of divorce lawyer totally depends upon you that which lawyer you hire and how much you pay to him/her.
Q9. How Much Alimony One Has To Pay?
The Alimony is decided by the court and is varied from one case to other on a number of factors some being income , standard of living etc.
Q10. Can I file for divorce online?
No there is no such service that lets you file for a divorce online you have to file the divorce in a district family court under proper jurisdiction.
Also Read- PROCEDURE IN DOMESTIC VIOLENCE CASES IN TRICITY
Q11. Can I file for divorce on behalf of any other person?
No a divorce cannot be filed on behalf of the other person the husband or the wife should be the one filing for the divorce and not a third party.
Q12. How to get divorce if my husband is missing?
In the event that you or your relatives have not gotten any news from your life partner and he/she has been absent for a time of 7 years, he/she should be considered to be dead. This makes it a substantial ground for filing for divorce, gave that the court is fulfilled, that you have attempted to discover your life partner.
Q13. What is the difference between judicial separation and divorce?
Judicial separation is a process by which the married couple may live apart or separates but remains married while divorce is a marital dissolution or a decree through the court that terminates the marriage.
Q14. Where can I file for divorce?
Divorce petition can be filed at a place where
a) you lived together last as husband and wife, or
b) where the marriage took place and registered or you reside, or
c) you reside in case your husband’s whereabouts are not known for a period of 7 years or more.
Q15. What is Alimony?
Alimony is spousal support/maintenance. It is a legal obligation that one spouse has to provide financial support to the other during and/or after a legal separation or divorce.
Also Read- LOOKING FOR BEST DIVORCE LAWYER IN CHANDIGARH, PANCHKULA, MOHALI, ZIRAKPUR
Q16. What documents are required to file for divorce?
1. Address proof of husband
2. Address proof of wife
3. Marriage certificate
4. Four passport size photographs of marriage of husband and wife
5. Evidence proving spouses are living separately since more than a year
6. Evidence relating to the failed attempts of reconciliation
7. Income tax statements for the last 2-3 years
8. Details of profession and present remuneration
9. Information relating to family background
10. Details of properties and other assets owned by the petitioner
Q17. Can marriage in India be annulled?
Yes, marriage in India can be annulled and have the same procedure as divorce though the grounds on which marriage can be annulled are different.
Q18. What happens to the second marriage if it is discovered that the person already has a wife/husband?
The marriage is void under section 11 of Hindu Marriage Act, 1955.
Q19. By how many ways divorce can be obtained?
Divorce by Mutual Consent
Divorce without Mutual Consent
Q20. Are the children born from void marriages legitimate?
The children that are born from void marriages are considered to be legitimate under section 16 of Hindu Marriage Act despite being the marriage void.
Also Read- SEEKING PROTECTION FROM HIGH COURT AT CHANDIGARH IN LOVE MARRIAGE
The compilation of questions is done by Arush Agarwal , Student of BBA LLB (Hons.) Banking Finance and International Trade and Investment, Delhi.
For any subject specific advice on Divorce related matters, please dial 99888-17966 and say ‘LegalSeva’. Share your thoughts in the comment section below.
