Exparte divorce and living in
Querist :
Anonymous
(Querist) 16 September 2018
This query is : Resolved
We are married under Hindu Marriage Act 1955 and my husband has sought an exparte divorce in Singapore in my absence. I have challenaged the same in India to declare as null and viod and now he is living in with his girlfriend. Is this adultery or mental cruelity ?
Vijay Raj Mahajan
(Expert) 16 September 2018
This is adultery if he's in sexual relationship with his girlfriend and definitely that will be there after all no one lives together for "bhajan kirtan".
Yes it will also amount to mental cruelty for wife, when the husband without valid decree of divorce is living in relationship with another woman.
R.K Nanda
(Expert) 17 September 2018
Adultery and mental cruelty both.
Dr J C Vashista
(Expert) 18 September 2018
What is the opinion and advise of the lawyer engaged by you for challenging the decree passed by Singapore Court?
Why do you need second opinion, advise and obligation of experts on this platform on the basis of limited facts, except the fact it is available FREE OF COST?
Guest
(Expert) 18 September 2018
Vague question of an anonymous querist, does not deserve any help.
By the way, how do you know that your husband is living with some other girl and also would necessarily have been involved in adultery?
Also, even if you are able to know what does his live-in relation amounts to be, adultery, or mental cruelty or both, how do you propose to prove that?
Mind it, it is you who you will have to prove him to be guilty of any offense, not he to prove himself as innocent. Mere live-in relation can never be a proof that he is indulged in adultery.
Better discuss the real problem, if you really face any.
