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julina   14 June 2018

divorce

my husband is having extra maritial affair since ,5years. now i wanted divorce. how should i proceed


Learning

 1 Replies

Vijay Raj Mahajan (Advocate)     14 June 2018

First of all collect all evidence, photographs, vedios,  emails, messages etc where your husband and the other woman are shown to be indulging in illicit relationship. The ground for divorce of illicit relationship or adultery has to be proved, mere telling they are having extra marital relationship won't serve the purpose.

 The other ground for divorce is cruelty for that too you should have sufficient evidence to prove that your husband indulged in act of cruelty to break the marital relationship between both of you.

The best manner to get divorce is by filling joint petition for divorce by mutual consent, where both parties agree for it and get the order from the Family Court in the shortest period of time, namely 6 months, in exceptional cases even the waiting period of 6 months can be got condoned by the Family Court based on the Supreme Court judgment in Amardeep Singh v Harveen Kaur case.


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