Frequently Ask Questions

  • For Adultery:

Q1. I have discovered that my spouse is in an adulterous relationship? Can I file for divorce for the same?   
Ans. It is indeed hurtful and traumatic to find out the spouse having an adulterous relationship.
Adultery is a very good ground for divorce. However, to prove it is very difficult. Therefore, you may have to collect sustainable evidence. Adultery is a serious allegation therefore; such allegation will have to be proved with supporting evidence. Mere surmises or suspicion is not enough to prove adultery. If you are convinced that your spouse is in adulterous relationship, you may seek explanation and decide to initiate legal proceedings.
Ideally, seek help from a professional matrimonial counsellor from your area. This may help you to move forward. You will also need a lawyer. So, look for a good lawyer.        

Q2. I have come to know that my spouse was in an overnight relationship with one of the acquaintances? Should I seek a divorce? My question is: Do only repetitive stints of an overnight relationship qualify for filing of divorce? Or a single stint is sufficient for filing of divorce?   
Ans. It is unfortunate that your spouse had an overnight relationship. However, other details such as age, family background, financials and years of marriage are not available. Overnight relationship is also adultery and you can certainly seek divorce. However, whether to go for a divorce since your spouse had an overnight relationship is a decision you may have to take.
Solitary instance of relationship many a times is ignored if both the partners promise to live a committed life. In the present social environment, one night stand is happening regularly. However, the parties are seeking emotional support and ideally should decide mutual separation only after counselling. Each case has its pros and cons. Therefore, cannot be a straightforward YES/NO answer.         

Q3. I suspect my spouse of having had a one night stand. I am not sure though. Should I file a divorce petition? Will the case be stronger on my side?   
Ans. A person has to be very careful in making an allegation of adultery because in such cases, the person accused of adultery may not be guilty of adulterous act or even if he/she has committed such an act of adultery, he/she may walk free due to lack of evidence increasing problems for the victim spouse.
Hence, you should preferably seek a legal counsel and then only choose the right course of action.        

  • For Pre-Nuptial Agreement:

Q1. My fiancÚ asked me to sign a Pre-Nuptial agreement. Does that mean he/she does not trust me? What exactly is a Pre-Nuptial agreement?   
Ans. A Pre-Nuptial agreement is a contract between a "to be husband" and "to be wife", for the eventuality that they may file a divorce in the years to come, which elaborates the financial position of the parties and accordingly defines the financial rights and liabilities, distribution of assets, quantum of alimony, if any, and custody of children including their maintenance. So, it may not necessarily mean that your fiancÚ doesn't trust you.        

Q2. I would be getting married in a year or so. I have come to know of the concept of Pre-Nuptial agreement. Could you enlighten me as to why this is important or recommended?   
Ans. A pre-nuptial agreement is agreed upon in a calmer state of mind as divorce proceedings is a phase of emotional turmoil and suffering. The practice of such a contract is in vogue on account of issues such as alimony, custody of children, property claims etc. that may arise at the later stages in a person's married life. However, such a contract isn't acceptable to Indian Law. Under the Muslim Law, marriage is a contract. The content of "Nikah Nama" is a contentious issue before the Supreme Court.
Though the pre-nuptial agreement is not tenable in law in India, some couples for their own reasons enter into such an agreement knowing well that such a contract is void. We hope this solves your query.        

  • Hindu Marriage Law:

Q1. I am a 28 year old Hindu female, married and with two children. My father died recently and has left behind a huge estate. Can my husband and I get a share in the property along with my brothers?   
Ans. Yes, as per the amendment in the Hindu Succession Act, 1956, you can. Hindu females are now regarded as coparceners and you can have equal share as your brothers. But your husband cannot inherit it.        

Q2. My wife and I are both Hindus. We got married in a temple and our marriage was not registered. Is it valid in the eyes of law?         
Ans. Section 7 of the Hindu Marriage Act states that the marriage becomes complete and binding when the seventh step of the Saptapadi is taken, that is the taking of seven steps by the bridegroom and the bride jointly before the sacred fire. But the condition that both the bridegroom and the bride should be adults has to be met. i.e. the age of the bridegroom and the bride cannot be less than 21 and 18 respectively.

Q3. I am Hindu and the person I want to marry is Muslim. Is there any law that protects us and legalizes our marriage?      
Ans. Yes, the Special Marriage Act, 1954 allows marriage between any two individuals who are capable of marrying and who are not within the degrees of prohibited relationships. But you must make sure that the marriage is registered.

Q4. My wife and I have been married for the past two years. But now both of us want a divorce. What is the procedure for mutual divorce and how long will it take to complete all the legal proceedings?      
Ans. Section 13B of the Hindu Marriage Act provides for divorce by mutual consent. A petition has to be presented before the District court by both the parties. The court will allow divorce by mutual consent only when; a)the parties have been living separately for more than a year before presenting the petition b) they were not able to live together at the time of presenting the petition and continue to live apart. c) they had mutually agreed to dissolve the marriage.    

Q5. My wife and I have been married for the last 8 years, but unfortunately she is incapable of conceiving. I am under family pressure to divorce her and remarry. Can infertility be a valid ground for divorce?      
Ans. No. Hindu Marriage Act does not provide infertility to be a valid ground for divorce. 

Q6. A suit for divorce with my present wife is pending at the court for the last 2 years. I want to remarry. Can I do so?       

Ans. No you cannot enter into another marriage before the judicial proceedings are done with. You may be booked under the charges of bigamy if you do so.

Q7. My husband has suddenly undergone a transformation in his behavior; also, a few months back he converted to Islam. It is becoming difficult for me to cohabit with him. Does law provide me a ground for divorce?  

Ans. Yes, Section 13(ii) of the Hindu Marriage Act specifically provides that conversion to any other religion from Hinduism is a valid ground for divorce. Besides, he may be suffering from some mental disorder; even that can be a valid ground for divorce under Section 13(iii).      

  • Muslim Personal Laws:

Q1. I am Muslim women of 25 years. My husband divorced me a month back. During marriage my father gave me a lot of gifts/goods which now my ex-husband’s family won’t let me bring back. Is there some law that provides for the right to bring the gifts/goods back?  
Section 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986, specifically gives you the right to bring back your things that you received during your marriage. You are also entitled to get back your Meher under this Act.

Q2. I am a 40 year old married man. Over the last few years it has become difficult for me to cohabit with my wife, but she is not ready to leave me. What recourse do I have?      
 The Muslim Personal laws specifically provide for unilateral divorce. You can pronounce the word “talak ,talak, talak” infront of two witnesses and the divorce will be completed. But you shall be liable to pay her maintenance after the talak takes place.

  • Parsi law

Q1. When can a Parsi marriage be considered valid?      
Under Parsi law, both husband and wife should be Parsis and the ceremony of Ashirwad should be performed by a priest in the presence of two Parsi witnesses. The registration of the Parsi marriage is extremely essential. 

Q2. I am a Parsi male married under Parsi Law and want get a divorce from my wife as she deserted about 3 years ago? Can I file a petition for divorce in the family court?         
You can file for divorce under Section 32(g) of the Parsi Marriage and Divorces Act 1939. You cannot file a suit in the Family Court of your district you have to file the proceeding before Special Court constituted under Parsi Marriage and Divorce Act 1939. Under the Act such Special Judge shall be aided by five delegates preferable from the Parsi community such delegates have to be appointed by the State Governments. These Appointed delegates shall be considered as Public servants.    

  • Christian Law:
Q1. When can a Christian marriage be completed?      

Ans. Under Christian law, the marriage is to be solemnized by a marriage registrar or a Minister of Religion, then notices of the intended marriage, publication of such notice and a declaration by one of the parties to the marriage are essential procedural requirements.

Q2. My husband and I have been married for 5 years now. In spite of several attempts I have not been able to conceive. Can the both of us adopt? What will be the child’s legal status?   
Ans. Christian Law does not recognize adoption. You have the right of child adoption but no legal stand is provided to the adopted child under Christian Personal Law