CAN I SUE MY IN-LAWS AFTER DIVORCE TO MISLEAD MY WIFE?
The Hindu Marriage Act, 1955 defines divorce the dissolution of the marriage in legal terms. There could be various circumstances where the couple is not in a condition to continue their relationship or marital obligations. Thus, to ensure that the parties could enjoy a safe and healthy life, the concept of divorce has been introduced as the final solution to an already dead relationship. Thus, before deciding to completely sever the relationship, it is better to understand other legal options available to you such as legal separation, etc. for this you shall seek professional advice from the Best Lawyers In Delhi.
Different theories for divorce-
Fault theory- As per this theory, marriage could be ended if one of the parties is responsible for or is liable to the offence committed provided under the marital law. The party who has suffered could seek divorce under this theory.
Mutual Consent- A marriage could be dissolved by mutual consent, i.e. when both parties agree to end their relationship by giving their free consent.
Irretrievable Breakdown of Marriage- As per this theory, a divorce could be filed by the parties, due to the failure of their matrimonial relationship. The divorce can be taken by the parties, when there is no other option to save their relationship.
Hindu Marriage Act, 1955
- The Hindu Marriage Act provides for the divorce based on the faulty theory.
- Under Section 13(1) any of the aggrieved spouses can approach the court,
- While Section 13(2) provides for the ground under which a wife can seek divorce from her husband.
Grounds for divorce-
Adultery
- The concept of adultery was introduced by the Act under the Marriage Laws Amendment, 1976.
- Essentials of adultery could sum up as-
- One of the spouses must have had intercourse with another person of the opposite sex, married or unmarried.
- The intercourse shall be voluntary
- At the time the act was committed, marriage was still subsisting
- There shall be circumstantial evidence to prove the act.
Cruelty
- Cruelty could be mental as well as physical.
- Mental cruelty is the act by the partner which could result in an adverse effect on the health of the partner.
- Following instances could be counted under mental cruelty-
- False accusation of adultery
- Demanding dowry
- Impotency of the husband
- Forcing to abort the child
- There could be various other acts which could result in causing mental cruelty to your partner.
Desertion
- Means permanent abandonment of the spouse without any reasonable justification and without the consent of the partner.
- Or the partner could have forced his/her spouse to leave the relationship by his behavior.
- Other grounds under the Section 13(1) of the Act are-
- Leprosy
- Renunciation of the world
- Presumption of death when the other party has not been heard of for a period of seven years.
Divorce with Mutual Divorce-
As per the Section 13B of the Act, a petition for divorce by mutual divorce shall be filed by both the parties, it is advised that before taking the decision of divorce, you contact the Best Lawyers In Mumbai or your own city, who could guide you through the various legal options available to you as per the law. If the parties wish to end their marriage through mutual consent, they have to file the petition after a period of one year has been passed, also the parties shall have to live separately for a period of one year or more.
- Also, as per the section 14 of the Act, the petition for divorce cannot be entertained by the court before a period of one year has expired, however, if the case is related to bigamy, and the consent of the spouse was taken through fraud, misrepresentation, undue influence, etc then the court can accept the case to be heard.
The above mentioned are the grounds for the procedure of divorce, as can be seen through the above article, the case for divorce under any theory can be filed only if the party is willing to file for divorce. If your wife filed for the divorce under the misleading of your in- laws, in case they presented some false facts about you, etc, you can seek other legal options such as filing defamation, etc if the charges framed against you were proved to be false.
Thus, in any case, either before filing for divorce or after filing for divorce, it is advised that you seek legal advice from the Best Lawyers In Kolkata or your own city. In this regard, Lead India could assist you as we offer a wide pool of experienced advocates who have been successfully dealing with cases related to divorce, maintenance, etc.
Visit us: - https://www.leadindia.law
Call Us: - +91-8800788535
Email: care@leadindia.law
YouTube: - https://www.youtube.com/c/LeadIndiaLawAssociates
Facebook: - https://www.facebook.com/leadindialaw
LinkedIn: - https://www.linkedin.com/company/76353439
Twitter: - https://twitter.com/leadindialaw
Pinterest: - https://in.pinterest.com/lawleadindia
Instagram: -https://www.instagram.com/leadindialawofficial
Best Lawyers In Mumbai, Best Lawyers In Delhi, Best Lawyers In Kolkata
