Notifications
Clear all

On what grounds can a divorce petition be filed after 14 years of separation combined with the spouse's remarriage?

2 Posts
2 Users
0 Reactions
16 Views
Posts: 1
Topic starter
(@sangeeta dodve)
Joined: 1 month ago
[#6257]

A person wants to file a divorce petition before the Family Court citing desertion based on fourteen years of separation, along with adultery and cruelty arising from the spouse's remarriage during the subsisting marriage, and wants guidance on the applicable grounds and process.


1 Reply
Posts: 4390
(@advocate-mudit-pratap)
Member
Joined: 4 months ago

If you have been separated from your spouse for fourteen years, and have now learned that they have remarried during this period, understanding the specific and multiple grounds available to you for filing your own divorce petition is genuinely important, since this specific combination of circumstances provides you with several strong and independent legal bases.

The most direct and powerful ground available given this specific combination is bigamy, since, as discussed extensively in relation to what happens when a spouse remarries without first obtaining a divorce, your spouse's remarriage while still legally married to you, given that no divorce has apparently been formally obtained during these fourteen years, constitutes the serious criminal offence of bigamy under Section 82 of the Bharatiya Nyaya Sanhita, 2023 (BNS), and this second marriage is entirely void from its inception under Section 5 of the Hindu Marriage Act, 1955.

Given this bigamous remarriage, you have strong grounds to seek your own divorce specifically on the basis of adultery under Section 13(1)(i) of the Hindu Marriage Act, since your spouse's second marriage necessarily and inherently involves ongoing sexual relations with this new spouse, providing you with genuinely powerful and difficult-to-dispute circumstantial evidence supporting this specific ground, considerably stronger than the circumstantial evidence typically relied upon in many adultery cases, given the existence of a formal, if legally invalid, second marriage ceremony.

Separately and independently, your fourteen-year separation itself provides an entirely distinct and equally strong basis for divorce on the ground of desertion under Section 13(1)(ib) of the Hindu Marriage Act, since this specific ground requires establishing a continuous period of desertion of not less than two years, a threshold your fourteen-year separation comfortably and considerably exceeds, provided you can properly establish, as discussed extensively in relation to proving desertion, the additional required elements: your spouse's genuine intention to permanently abandon the marriage, the absence of your consent to this separation, and the absence of any reasonable cause for their departure.

Given how genuinely extended this separation period has been, it is worth understanding that establishing your spouse's clear intention to permanently abandon the marriage is likely to be considerably more straightforward given this extraordinary duration, particularly now combined with their affirmative decision to remarry someone else entirely, which itself constitutes powerful and virtually conclusive evidence of their genuine intention to permanently end their relationship with you.

Given that you have these multiple, genuinely strong, and independent grounds available, cruelty under Section 13(1)(ia) may also be worth considering as an additional ground, particularly given the genuine emotional and psychological impact of discovering, after fourteen years, that your spouse has bigamously remarried, since this discovery itself, combined with the extended period of abandonment, reflects the kind of sustained conduct causing genuine mental suffering that this broader ground encompasses.

Given the multiple, strong grounds available to you, it is worth discussing with your advocate whether presenting your petition based on a combination of these grounds, rather than relying on any single one alone, would provide the most comprehensive and persuasive foundation for your case, since courts assessing the totality of circumstances often find this kind of combined presentation genuinely compelling.

Separately from your divorce petition itself, given your spouse's clear bigamy, you also retain the right to file a criminal complaint against them under Section 82 of the BNS, pursuing accountability for this serious offence entirely independent of your civil divorce proceedings.

Given how many strong and independent grounds are genuinely available to you given this specific combination of circumstances, it is essential to consult an experienced family law advocate to properly build your comprehensive case. You can reach out via Aapka Legal Advice for guidance on properly presenting your divorce petition given your fourteen years of separation combined with your spouse's bigamous remarriage, and for assistance pursuing the separate criminal complaint for bigamy.

You can review Top Divorce Lawyers in India | Aapka Legal Advice for relevant experience handling these combined matrimonial matters.

Many people find real value in obtaining an independent, experienced perspective from the panel of retired judges available through certain legal consultation platforms.

If formal legal representation is required, engaging an experienced advocate will ensure your case is presented as comprehensively and persuasively as possible given these multiple strong grounds.

In summary, a divorce petition can be filed after fourteen years of separation combined with a spouse's remarriage on multiple strong, independent grounds under the Hindu Marriage Act, 1955, including adultery under Section 13(1)(i) given the inherent sexual relationship involved in the bigamous remarriage, desertion under Section 13(1)(ib) given the extended separation period comfortably exceeding the required two years, and cruelty under Section 13(1)(ia) given the emotional impact of these circumstances, alongside an entirely separate right to pursue a criminal complaint for bigamy against the spouse under Section 82 of the Bharatiya Nyaya Sanhita, 2023.


Reply
Share: