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Divorce on the ground of Adultery
Either of the couple can get a divorce based on desertion, mental disorder, leprosy, not heard as being alive for a period of seven years etc. under the Hindu Marriage Act 1955. To obtain a divorce under the Hindu Marriage Act, there are certain procedures that need to be followed including filing a petition in district court and both parties will have to appear before the court for hearing. In case if the grounds which leads to divorce are established, then decree of divorce is granted by the court leading to dissolution of marriage.
Adultery is one of the grounds for divorce under Hindu Marriage Act 1955. Adultery refers to having sexual intercourse by one spouse with someone outside their marriage. The petitioner seeking divorce on grounds of adultery must show that his or her spouse had committed adultery.
Burden of proof in case adultery lies upon person making allegations in India and mere suspicions and hearsay evidence will not do. Eyewitness testimony or photographic evidence should be given as clear and convincing proof of adultery.
A decree may however be given dissolving such marriage if it is found out that there was adultery although in some cases the courts may order alternative solutions such as legal separation instead of granting a decree.
Some important points when filing for a divorce on the ground of adultery are:
- Evidence: You must have concrete evidence to prove that your spouse has committed adultery. Suspicion or hearsay evidence is not enough.
- Time frame: You must file for divorce within a reasonable time after becoming aware of the adultery. Delaying to file your Divorce Petition may affect its credibility before court.
- Consultation with lawyer: Since divorces can be quite complex emotionally charged you might want legal opinion from an experienced attorney handling divorces.
- Be prepared for long process: Divorce cases could take months or even years depending on their complexity; they are time consuming matters.
- Ensure children’s welfare: It’s important to bear in mind the welfare of your children, and minimize any negative effects on them.
- Prepare for financial settlement: Divorces usually end up with a matter of financial settlement so it is crucial to know what you are worth; your assets and liabilities.
- Avoid using children as weapons: This will make the divorce process longer and more painful for both parents, rather than achieve its purpose in a short time.
With these few tips as an individual party feel free to make sure that you have a smooth divorce proceeding which would be less stressful.
Procedure for obtaining divorce on grounds of adultery under the Hindu Marriage Act 1955 is as follows:
- Filling of petition: The first step is filing a petition for divorce with the district court having jurisdiction over such matter. The petition should contain allegations of adultery among other grounds for divorce.
- Service of Petition: The next thing is serving or delivering this copy to another spouse. This can be done by personally handing over the copy or sending through registered mail.
- Response to the petition: The respondent has the option of either accepting or contesting the allegations in the petition. If they choose to deny, they shall be required to serve and file a written answer within twenty days after being served with summons.
- Evidence: Both parties may present evidence in support of their respective case such as witnesses and documentary evidence. For this purpose, they will adduce testimonies, exhibits and any other form of legal proof before court.
- Hearings: The court may hold a number of hearings for the purposes of determining custody issues or property division. In these sessions, both litigants are expected to appear personally.
- Decision: If all elements of divorce such as adultery have been proved by court it can grant divorce decree which ends marriage ties and annuls one’s matrimonial bond
- Appeal: On no account should any party feel aggrieved about final decision arrived at by formal proceedings
It is important to note that divorce proceedings can be complex and time-consuming, and it is advisable to retain an experienced attorney who specializes in divorce litigation.
Adultery refers to having sex with someone outside marriage. Some instances involve:
- Physical affair: Having a sexual relationship with someone other than one’s spouse.
- Emotional affair: Having a close emotional relationship with someone other than one’s spouse, even if it does not involve physical intimacy.
- Online affair: Having a sexual or emotional relationship with someone through the internet, such as through social media or dating websites.
- Infidelity: Engaging in any form of intimate relationship with someone other than one’s spouse.
It must be emphasized that adultery is far more than just breaching the marriage contract; it has also been observed to be significantly detrimental to both partners’ well-being and the overall quality of their own love-life. In some instances, divorce may ensue and carrying on an extra-marital affair may be seen as illegal activities.
