Legal Question in Family Law in India
Family law question
besides adultery what are other ground for which a men can filed for divorce? If a women has an affair with a men before her marriage (may or may not be physical relation) for 2-3 years and after marriage if she try to meet or talk over phone and then if she gave in written declration that she had affair with him but in future she will not do such act or meet him Is this document is evident as for divorce as also at the same time she is not having sex with her husband and deliberately not taking care of him by not prepared food, wash cloth etc.
2 Answers from Attorneys
Re: Family law question
The ground that there is no sexual intercourse and they live like strangers can be a good ground for divorce.However it must be true.
Re: Family law question
the previous affair is not an offence or a ground for divorce.
Refusal to perform conjugal rights is a ground for divorce.
If the over all behaviour of one spouse (wife in this case) is such so as to make the other spouse (husband in your case) immpossible live with him/her, that would be sufficient ground for divorce PROVIDED the erring spouse has not behaved that way out of reaction OR on account of any reasons provided by the complaining spouse.
In your case, if your wife's behaviour is without any provocation from your side and without your having caused any reason for her to behave that way, it may amount to cruelty and desertion and you are entitled to institute a divorce petition under Section 13 of HMA.
However, you will need to provide her sufficient maintenance/alimony right from the start of the case onwards.
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