Legal Question in Family Law in India
how to punish and get divorce
My problem is with my wife and want to get divorce. We are both Hindu, same caste/subcaste, Bengalee, got married in April 1998, arranged marriage, having a son and presently staying together in Faridabad since middle of 2000. I hail from Bongaon, North 24 Parganas, West Bengal and my wife from Dum Dum Cant., North Kolkata, West Bengal. We got married at our homes. I am working in a PSU as an executive. My wife is housewife. Our parents live at their own houses in West Bengal.
She got pregnant suddenly in November 1998; she went to her parent�s home in May 1999 and our child born in August 1999 (expected in September 99). I have doubt on the paternity of our child. Recently, we went our homes. I was having doubt that she got pregnant at her parent�s home and had aborted returning from home knowing my doubt from my friend whom did I tell my doubt. Medical report shows that she was pregnant.
Now I have lost my softness, empathy, sympathy everything to live with her and want to get divorce anyway in any form by d
4 Answers from Attorneys
Re: how to punish and get divorce
There is no prblem in getting a divorce, even though it may be time consuming. The paternity of the child can also be determined by a DNA test, and if this test is negative, it may hasten the divorce.
Re: how to punish and get divorce
You can divorce your wife on grounds of adultry. Adultry is a good ground of divorce under the Hindu Marriage Act. Your wife's paramour has to be made a co-respondent in the divorce action. You should also ask for a DNA test to establish paternity.
Re: how to punish and get divorce
Dear Sir,
Getting divorce is not that easy as per Hindu Law. You have to file a Divorce petition for that in the Civil Court, where you have to lay down and prove the ground of Divorce ie. you have to prove that she was pregnant by person other than you, mere suspicion or alligations would not work. Also you have to prove that once you got suspicion about your wifes faithfullness you never had maritual intercourse with her.
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Re: how to punish and get divorce
You can take divorce on the grounds of adultary, but mind it that divorce on the ground of adultary is very tough.You must have some direct evidence of adultary.Now option is yours.
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