AV Litigation

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Matrimonial Laws/Right (Marriage and Divorce) 09/23/2021

In September 2018, the Supreme Court unanimously struck down Section 497 of the Indian Penal Code that makes adultery a punishable offence for men and from the time Adultery is not a crime.
Many client of mine have been cheated by their spouse and they ask if their Spouse can get punished for having an extramarital affair. So here I want to mention that Adultery is not a crime, one cannot be punished for having an Extra Marital Affair, as they are adult and if two adults jumps into the relationship with their own consent so it’s their choice to be with each are, they are mature enough to realise that what they are doing in their life
BUT.....
If your spouse has committed an Adultery and you have sufficient evidence to prove that so you can file the petition of divorce on the Grounds of an Adultery committed by your spouse.

Photos from AV Litigation's post 09/12/2021

The newly married couple realised that they are not compatible to spend the rest of their life with each other just within the two days of marriage, hence they filed their divorce petition by the way of Mutual Consent u/s 13 b of Hindu Marriage Act, The petition was approved by the Hon'ble High Court

In the matter, High Court considers that the completion of the tenure of one year to file the petition should not create the Hindrance to file the divorce petition. As the couple was too young and they can restart their lives again.

https://gurugramnewsnetwork.com/divorce-filed-after-2-days-of-marriage-high-court-approved/

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