Legal Question in Family Law in India

petition filed on adultery

How many years it takes to get divorce on the grounds of adultery and mental cruelty? The respondent is not at all ready to divorce by mutual consent and is willing to contest. The co respondent is also denying the allegations and there is no sufficient proof to prove adultery. We have got travel bills, hotel bills, video recordings, few photographs, although there are no such photographs in compromising position. Will it take 1-2 years for the courts verdict? Or the respondent can stretch it to 5-7 years if he does not want to give divorce at all, and create trouble? Another thing I would like to know, whether the court can pass an order to the hutch/cell company, to get the text message details between the respondent cell number and the co respondent cell number so that we can provide more evidence or will it be a breach of privacy?


Asked on 8/22/07, 1:18 am

5 Answers from Attorneys
rajeshwar sharma rajeshwarnathsharma

Re: petition filed on adultery

There is no time limit under law/rule for decision.

you may first request the hutch-cell and in case if they refuse tnan request the court in this regard. You may call them as your witness

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Answered on 8/22/07, 11:26 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: petition filed on adultery

Last questioon first : yes, the court has power to direct summoning of records from cell company and to order for furnishing printed copies of text messages if the company is still retaining records (some times stale records are destroyed);

The time to be taken in the court is uncertain. It may take 2 years and it may not be concluded in 5 years - depending upon many situations.

The evidence you are mentioning is enough for seeking divorce on the ground of cruelty as also adultry.

Better you confront the entire evidence to your wife and her friend; and possibly they may agree for divorce by mutual consent;

you may also hire an agency to track their movements and collect better evidence and make attempts to catch them red handed.

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Answered on 8/24/07, 6:30 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: petition filed on adultery

well court cannot pass such orders as far social matrimonial issues are concerned as discretion is all the companys. to prove adultery is time consuming so better be patience and leave the ball in the court and wait for the verdict

for further query contact me

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Answered on 8/22/07, 1:31 am
kavitha balakrishnan kpp associates

Re: petition filed on adultery

divorce case ... the time depend upon each and every case..

for further details contact... professional charges apply

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Answered on 8/22/07, 3:08 am
G. M. Gupta gmguptaandassociates

Re: petition filed on adultery

1. time duration can not be certified

2. the proofs can be judged only after inspection.

3. she too may take steps to harass you.

4. court can ask the companies to give details which they may have.

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Answered on 8/23/07, 1:38 pm


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