You can file for divorce on grounds of mental cruelty and adultery 

2) make her lover co respondent in divorce case 

3) wife making false allegations of dowry harassment amounts to mental cruelty 

The evidences in your possession about her acts of adultery is not sufficient to prove her acts of adultery for divorce. 

The call recordings are not substantial evidence for acts of adultery hence relying upon them alone will not fetch you the desired result.

Instead you can make the acts of adultery in your pleadings and term it as an act of mental cruelty and file the contested divorce on the grounds of cruelty by including the other acts of cruelty she had unleashed against you namely the false police complaint and other acts of harassment. 

You can consult a local advocate and proceed to file the contested divorce case as suggested

Dear Client,

In India, you can file for divorce on several grounds such as, adultery, cruelty and desertion under the Hindu Marriage Act, 1955, assuming that your marriage was registered under this Act. Even though adultery is not a crime anymore, it can still be used as a ground for divorce. It is advisable to consult with a family law expert in India who can guide you through the legal process, considering your specific situation. You can file a divorce petition in the Family Court having jurisdiction over the area where your wife currently resides or where the marriage took place. Attach all relevant evidence, such as call records, recordings, and any other relevant documents to substantiate your claims. After filing the petition, the court will summon your wife to appear and respond.

Dear Sir,

I understand your situation and the difficulties you are facing. Based on the information provided, I will try to guide you on the grounds for seeking divorce in India and the relevant legal provisions.

1. Grounds for Divorce in India: Under the Hindu Marriage Act, 1955, which applies to Sikhs as well, the following grounds are available for seeking divorce:

a) Adultery (Section 13(1)(i)): Although adultery has been decriminalized, it remains a valid ground for seeking divorce in India.

b) Cruelty (Section 13(1)(ia)): The assault and harassment you faced from your wife can potentially be considered cruelty, which is a ground for divorce.

c) Desertion (Section 13(1)(ib)): If your wife has deserted you for a continuous period of at least two years immediately preceding the presentation of the divorce petition, you can seek divorce on this ground.

1. Evidence: You mentioned having call records from the telecom company and some recordings as evidence of your wife's adultery. These can be crucial pieces of evidence to support your divorce petition.

2. Procedure: You can file a divorce petition in the appropriate Family Court or District Court in India, where your wife is currently residing or where the marriage was solemnized. The court will consider the evidence presented by both parties and decide on granting the divorce based on the merits of the case.

3. Dowry Allegations: Regarding the false dowry allegations made by your wife, the closure of the case by the SSP office stating no dowry was demanded or given will work in your favor. You can present this order as evidence to counter any potential dowry-related claims made by your wife during the divorce proceedings.

Regards, 

Arunkumar Khedia

Advocate Bombay Highcourt

- As per law, Adultery /extra-marital affairs is a ground for divorce in India. 

- Hence, if you have sufficient proofs , then you can file a divorce petition in India on the ground of cruelty and adultery. 

- Further, if she has name your mother also in the compliant filed by her before the local police station , then your mother can also file a complaint against her under the provision of DV Act for harassment. 

Dear Concerned, 

THIS IS THE ANSWER TO YOUR QUERY  "I am Australian citizen" - Here are 2 aspects to your case 

A. IF YOU FILE ANYTHING IN INDIA - Your adulteress wife will drag you in courts for ages - ONLY phone records will not establish Adultery (which is a ground for divorce) - Hence does not make any sense in contesting - AN ADULTRESS wife will not stop at filing false cases against you SHE will file maintenance case - WHICH COURT WILL ALLOW. to sum it up - You will be extorted the best possible manner by your wife .

B. DO NOT FILE ANYTHING IN INDIA - YOU ARE AN "AUSTRALIAN CITIZEN" - IGNORANCE IS THE KEY  -

Cut all ties with your wife - if she has any dependent visa get that cancelled, file a Divorce in Federal Circuit & Family Court of Australia service all necessary documents (i.e  - 1. Acknowledgement of service (Divorce). 2. Checklist of Next Steps 3. Notice to Respondent of Application of Divorce  4. Application of Divorce and  5. Marriage, Family and separation brochure.) to your wife through email issued by Australian court. 

Once the above documents are delivered to her - than take an exparte no fault divorce if she does not come to Australia..... Enjoy your new life without your wife. 

Best of Luck - God Bless    

Adultery is no crime but still it is a mental cruelty and is a good ground for divorce.

So on this basis you can very much file a suit for divorce in India. Her physical assault upon you is another ground. 

Adultery is not crime but valid ground for divorce. 

Contested divorce proceedings take at least 5 years to be disposed of 

2) wife has no share in ancestral property but can claim interim maintenance 

3) you have to make her lover co respondent in divorce case 

4) police report will help your case 

5) you can travel to India as there is no pending criminal case against you 

6) wife can file false cases against you after you file for divorce 

1. It is a ground suggested for filing contested divorce. 

Effectiveness to get the relief in your favor depends on how strongly you present the case and convince court. 

Time taken for disposal cannot be predicted owing to various factors involved in this. 

2. She may go for interim maintenance but she cannot claim share either in your ancestral property or self acquired property. 

3. If you have substantial evidence to prove it then you can implead him as a second respondent provided you file the divorce case on the grounds of adultery. 

4. This will help you to establish your grounds of acts of cruelty done by her which pushed you to take this decision. 

5. The court cannot give any protection,  you may have to fend for yourself for your own security or protection. 

6. She may do so, she is not restrained from indulging in such activities. 

1. Yes, it will be effective , and the time depends upon the burden of the court. 

2. Yes, she can claim interim maintenance after filing an application in your divorce case  , however she has no right over your ancestral property during your life time. 

3. No

4. Yes

5. If you have apprehension that she has filed any criminal case against you, then you can take anticipatory bail from the session Court before coming to India. 

6. Yes, 

1. Contested Divorce on the Grounds of Mental Cruelty, Adultery, and Harassment: If you file for a contested divorce on the grounds of mental cruelty, adultery, and harassment of your parents, and you have substantial evidence to support your claims, your case can be quite strong. Mental cruelty and adultery are valid grounds for divorce under the Hindu Marriage Act, 1955. However, the burden of proof lies on you to establish these grounds with clear and convincing evidence.

The time frame for a contested divorce case can vary depending on the complexity of the case, the court's docket, and the cooperation of both parties. Generally, a contested divorce case in India can take anywhere from 24 months to 5 years or more, depending on the circumstances.

1. Maintenance, Alimony, and Ancestral Property Rights: Yes, a contested divorce can lead to the court granting interim and permanent maintenance, as well as alimony, to the aggrieved spouse. The court considers various factors, such as the financial status of both parties, the standard of living during the marriage, and the ability of the spouse to support themselves.

However, the right to ancestral property is governed by personal laws and may vary based on your religious affiliation. In general, a wife does not have an automatic right to her husband's ancestral property unless specified in a will or settlement.

1. Making the Lover a Co-Respondent: For Hindu marriages governed by the Hindu Marriage Act, 1955, there is no provision to implead a co-respondent.

2. Validity of Police Report from Australia: Indian courts can consider crimes committed by Indian citizens in other countries as evidence in legal proceedings. However, the evidentiary value and admissibility of the police report from Australia will depend on factors such as the nature of the crime, the laws of the foreign country, and the court's discretion.

3. Protection from Court upon Visiting India: If you are apprehensive about visiting India due to potential harassment or threats from your wife, you can seek protection from the court. You can file an application for an ex-parte order or an interim injunction restraining your wife from causing any harm or harassment to you during the pendency of the divorce proceedings.

4. Risk of False Allegations or Cases: Even after filing for divorce in India, there is a risk that your wife may file false allegations or cases against you during the court proceedings. However, if you have substantial evidence to counter such allegations, the court is likely to dismiss them.

For more legal assistance, you can contact me.

Kindly give a 5 Star Rating if you are satisfied.

Best Regards,

Arunkumar Khedia
Advocate Bombay Highcourt

1. Adultery has been de-criminalisied in India but it is certainly considered as an act of cruelty on the Husband for which he can seek decree of divorce in India.

2. File a Divorce Suit in India on the ground of Cruelty based on the evidence of her having adulterous connections and also for her lodging false DV case against you which has been proved to be false,.

Dear Client,

1. Strength and Effectiveness of Your Case: Filing for divorce on the grounds of mental cruelty, adultery, and harassment of your parents can be a strong case, provided you have substantial evidence. Under the Hindu Marriage Act, 1955, mental cruelty and adultery are recognized grounds for divorce. While adultery is no longer a criminal offense in India, it still remains a valid ground for divorce. The duration of a contested divorce case can vary depending on the complexity of the case and the court's backlog.
2. Interim and Permanent Maintenance, Alimony, and Property Rights: Yes, in a contested divorce, your wife can claim interim and permanent maintenance or alimony under Section 24 and Section 25 of the Hindu Marriage Act, 1955. The court considers factors such as your income, her income, and the standard of living during the marriage. Under Hindu law, your wife has no right to your ancestral property. However, if you have children from the marriage, they may have a claim to ancestral property.
3. Making Her Lover a Co-Respondent: You can make her alleged lover a co-respondent in the divorce petition, especially if you are claiming adultery as a ground for divorce.
4. Validity of the Australian Police Report: The police report of her assault on you in Australia can be submitted as evidence in the Indian court. While Indian courts may not directly consider it a crime under Indian law, it will still be relevant in establishing a pattern of behaviour or mental cruelty.
5. Protection from Court if You Visit India: You can seek protection from the court if you fear for your safety upon returning to India. Additionally, you can request the court to issue an order restraining your wife from filing any false complaints against you during your visit.
6. Possibility of Fake Allegations After Filing for Divorce: Yes, even after filing for divorce, your wife can still file fake allegations or cases against you during the court proceedings. However, if such allegations arise, you can defend yourself legally by challenging the credibility of the claims. You can also file a petition for anticipatory bail to protect yourself from arrest in case of any false criminal cases being filed against you.

It's crucial to work with a skilled family law attorney in India who can guide you through the legal procedures and help protect your rights.

Certainly! An Australian citizen can file a case in India if their wife is an Indian citizen. Additionally, Overseas Citizens of India (OCI) cardholders can approach Indian courts for matrimonial relief against their partners who also have OCI cards

1. Keep in mind that eligibility criteria apply, and the spouse’s eligibility depends on their own capacity

2. If the foreign national gets remarried to another foreigner or an Indian, the existing OCI registration will be cancelled, and a fresh application will be required. 

                            Adultery as a Ground for Divorce in India:

          Adultery is still considered a ground for divorce in India, even though it is no longer a criminal offense.

Under the Hindu Marriage Act, 1955, adultery is recognized as a valid reason for seeking divorce

 To establish adultery as a ground, you need to prove:

1. Voluntary sexual intercourse by your spouse with someone other than you.
2. The act of adultery should have occurred after marriage.
3. Your call records and recordings may serve as evidence to support your claim.                                                                                                                                                                             Other Grounds for Divorce:
   

• Apart from adultery, there are other grounds for divorce under the Hindu Marriage Act:

• 
  Cruelty: If your spouse has treated you with cruelty, either physically or mentally.
• 
  Desertion: If your spouse has abandoned you without reasonable cause for at least two years.
• 
  Conversion: If your spouse has changed their religion.
• 
  Unsoundness of Mind: If your spouse suffers from a mental disorder.
• 
  Venereal Disease: If your spouse has a communicable venereal disease.
• 
  Renunciation: If your spouse renounces the world by entering a religious order.
• 
  Presumption of Death: If your spouse has been missing for seven years or more.
• Irretrievable Breakdown: It implies that a marriage has irreparably broken down, making it impossible for the couple to live together harmoniously.                                                                                                                                       Dowry Allegations:

• The false dowry allegations made by your wife may not directly impact the grounds for divorce.
• However, it’s essential to address these allegations properly during legal proceedings.

Answer to your follow up questions are as follows:

1. Contested Divorce Based on Mental Cruelty, Adultery, and Harassment:

• Going for a contested divorce based on mental cruelty, adultery, and harassment can be effective if you have substantial evidence to support your claims. Evidence such as call records, messages, and witness testimonies can strengthen your case.
• The time frame for a contested divorce can vary significantly. It depends on factors like court backlog, complexity of the case, and the willingness of both parties to cooperate. Generally, it may take several months to a few years.

• Yes, contested divorce proceedings can lead to both interim and permanent maintenance (alimony).
• The court considers factors like the financial status of both spouses, their needs, and the lifestyle they were accustomed to during the marriage.
• Regarding ancestral property, you generally don’t have a direct right to it during divorce proceedings. However, you can claim maintenance and alimony.

• Yes, you can name her lover as a co-respondent in the divorce case. This means they will be part of the legal proceedings.
• Naming a co-respondent is not mandatory, but it can impact the court’s decision on issues like alimony and child custody.

• The police report from Australia can be relevant evidence in your Indian divorce case.
• Indian courts consider crimes committed by Indian citizens abroad, especially if they relate to domestic violence or cruelty.

• If you’re scared to come to India, you can seek protection orders from the court.
• You can request a restraining order against your spouse to prevent any harassment or harm during your visit.

• Even after filing for divorce, your spouse can file additional cases or allegations against you.
• To protect yourself, maintain a record of all interactions and consult with your lawyer about pre-emptive legal measures.

You have to contest case on merits 

2) file detailed reply denying allegations made 

3) you have to pay maintenance as per court orders and not what wife has demanded 

4) it is basically a civil case . no danger to family members 

5) personal presence is not necessary if represented by lawyer 

1. You can file a contested divorce on the grounds of mental cruelty citing the latest DV case also as another incident of her acts of cruelty

2. You can deny her allegations and if necessary you can provide evidence to prove her acts of adultery and other undesirable activities 

3. it depends on the court to pas an order, especially if she is not employed and do not have any source of income to sustain her expenses then the court will direct you to pay maintenance to her.

4. The very purpose of DV case is to extort money and to mentally torture you, hence she has implicated your parents in this case to put pressure on you, hence you can challenge the same properly

1. Under the provision of DV Act , the wife /woman can claim maintenance and residential right from her husband 

- Hence, the Court cannot pass divorce order in this case. 

2. Yes, you should submit reply of her complaint after mentioning all the details which happened with you 

3. During the pendency of the case the Court can pass an order for interim maintenance , however a woman who indulged in adultery is not ensiled to get maintenance from her husband. 

4. No, if they are senior citizen and unable to appear before the Court then they can get permanent exemption from appearing before the Court. 

- Further, if they never lived with your wife , then they can be removed from the array of parties in the said case. 

Dear Client,

It is possible to sue for divorce despite there being a domestic violence case against you, however the ongoing case will impact on the divorce process. This is because, you can use evidence of your wife’s alleged adultery and the mental harassment as your defence as long as the evidence is relevant in court. Under the PWDVA, if the court finds her allegations of domestic violence true, you may be ordered to pay the maintenance and compensation she sought. It is also important to note that there is a possibility that your family members may have some risk if a court imposes protection or restraining orders on them since the violation of those orders will result in legal repercussions. The above complications state that it is essential to consult with a lawyer in order to get proper information and build a proper defence. The laws that apply to this case include section 18 the PWDVA on protection orders, section 20 on monetary relief, and section 23 on interim orders.

Hope you find this answer satisfactory.

1. How can you get divorce from this case? You can get divorce  from her and not from this case. You shall have to contest this case fittingly.

2.  It is she who has levelled allegation against you and your other family members which you shall have to state and prove as false. At the end you can mention that her the said case is a retaliatory one  since you had asked her to stop  her post marriage adulterous engagements with her paramours.

3. You shall have to wait for the Judgement to be passed by the Court which, if goes against you, can be challenged by you in higher courts. 

4. Contest the case fittingly without being tensed on the future Judgement to be passed by the Cout.