Do you want to know about adultery as a ground for Divorce under Hindu Marriage Act? Read this:
Adultery is a sensitive issue that can have a significant impact on a marriage. In India, the Hindu Marriage Act provides provisions for divorce on various grounds, and adultery is one of them. Here are some frequently asked questions (FAQs) about adultery as a ground for divorce under the Hindu Marriage Act:
1.
What is the Hindu Marriage
Act?
2.
Is Adultery a Ground for
Divorce under the Hindu Marriage Act?
Yes, adultery is recognized as one of the grounds for divorce under the
Hindu Marriage Act.
3.
What Constitutes Adultery
under the Act?
Adultery is defined as voluntary sexual intercourse by a married person
with someone other than their spouse. It involves a breach of the marital vow
of fidelity.
4.
Can Only the Husband File
for Divorce on Grounds of Adultery?
No, both husbands and wives can file for divorce on the grounds of
adultery. The Act is gender-neutral in this regard.
5.
Do I Need to Provide Proof
of Adultery?
Yes, to establish a case of adultery, you would typically need to
provide evidence or proof of the adulterous act. This may include photographs,
messages, or witness testimonies.
6.
Can I File for Divorce
Immediately After Discovering Adultery?
The Act specifies that adultery should be established as a ground for
divorce within a reasonable time frame after the aggrieved spouse becomes aware
of the adulterous act. Delay in filing may weaken the case.
7.
What Are the Consequences of
Proving Adultery in a Divorce Case?
If adultery is proven, it can be a ground for the court to grant a
divorce decree. It can also affect issues related to alimony and custody of
children.
8.
How Does Adultery Affect
Alimony and Maintenance?
Adultery can be considered by the court while determining the amount of
alimony or maintenance to be paid. However, it is not an automatic
disqualification for alimony.
9.
Is Adultery the Only Ground
for Divorce under the Hindu Marriage Act?
No, the Act recognizes several other grounds for divorce, including
cruelty, desertion, conversion to another religion, mental disorder, and more.
10.
Can Adultery Impact Child
Custody?
Adultery may influence child custody decisions, as the court considers
the best interests of the child. However, it is not the sole determining
factor.
11.
What Is the Procedure for
Filing for Divorce on Grounds of Adultery?
To file for divorce on the grounds of adultery, consult with a lawyer,
prepare the necessary documents, and file a petition in the appropriate family
court. Legal counsel can guide you through the entire process.
Adultery as a ground for
divorce under the Hindu Marriage Act is a complex and sensitive issue. It's
essential to seek legal advice and guidance to navigate the legal processes
effectively and protect your rights. Keep in mind that divorce laws may evolve,
so it's advisable to consult with a legal expert for the most up-to-date
information and assistance.
For any further query on
divorce on the ground of adultery feel free to contact BLJ Legal Lawyers on
Delhi.
-Shasha
Jain, Adv
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