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Can I get divorce for marrying another person?

Shivendra Pratap Singh

Advocate (Lucknow)

Online advising since Oct. 2014

Divorce Cases

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Question: Can I get divorce for marrying another person? I am 34 years old. I have been married for 2 years but I feel suffocating in the presence of my husband. I am also having an affair with my colleague  at the office. My husband would let me take divorce easily. He keeps a check on my phone and with whom I am talking. What can I do to get legally separated from him? 

Asked from: Jharkhand

You have an affair with your colleague and want to marry him. Your husband has no problem with you as it has been perceived from your question. In this situation, you are the guilty party. Hence you cannot file divorce petition under Section 13 of the Hindu Marriage Act 1955 (HMA). 

You have no grounds to get divorce. But your husband has grounds to get divorce because you have an extramarital relationship and are living in adultery. Adultery is a ground of divorce under Section 13 HMA.

If your husband agrees you can dissolve the marriage by mutual consent. According to Section 13B of HMA there are three essential conditions for filing mutual consent divorce. 

  1. Spouses have been living separately for one year or more.
  2. They have not been able to live together.
  3. That they have mutually agreed that the marriage should be dissolved.

If all the above conditions have met then you can dissolve your marriage by mutual consent. It is a time consuming process but you can apply this method and get divoce within six months

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate (Lucknow)

Consult on Criminal, Civil, Writ, Matrimonial, Service matters, Property, Revenue, SARFAESI related cases

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