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Legal » Matrimonial-laws » Sue-a-spouse-050324
 
Can you sue a spouse for watching porn?

Siddhartha Shah Siddhartha Shah
A practicing advocate of Mumbai High Court. He specialises in Civil, Criminal, International and Matrimonial Laws. He opines on Indian Laws and the Legal System.

Can one avoid or delay the divorce process?

Ram asks,
My cousin is married to a guy in US for the last 10 years. Marriage was solemnised in India. They have a 2-year-old child and he is a US citizen. My cousin is depressed and she is staying in India with her kid for last 1 year. Now her husband wants to file a divorce in US and serve papers in India and take the custody of the child (American law doesn't allow her to get the custody of the kid because she needs medical attention). Can she delay the divorce proceedings until she is cured and get the custody of the child? If he files divorce papers in US does she need to go to US? If she doesn't go to US to attend divorce proceedings what happens? What is the best way to delay the divorce process?

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Dear Ram,
Firstly the decree or any order obtained from U.S. court cannot be a valid divorce in India. As per the facts mentioned in your query about the status of your cousin being married in India as presumably states that your cousin is currently an Indian citizen and therefore the appropriate divorce proceedings will be needed to be filed at the jurisdiction where the marriage took place in India. Now if that is not the situation and if she is not having Indian citizenship, in that case she cannot invoke and take shelter under the governance of Indian laws. Laws of the country will be applicable to her where she is holding her permanent citizenship status and she would be governed under the laws and the legal system of that country where she has the authentic legal status. Now if she is a US citizen in that case she will have to attend the court as per the court's order and directions in U.S. to avoid any ex-parte orders passed against her. You will have to take and hire legal services as per U.S. laws for the pending litigation in U.S.

Divorce blues

Vineeta asks,
Can I obtain a divorce on grounds that my husband is addicted to watching porn? Also we have not had any physical intimacy in over a year.

Dear Vineeta,
No there is no provision in Matrimonial Law by which one can file and obtain a decree of divorce on the grounds of husband being addicted to watching porn. You may if required file the appropriate proceedings for judicial separation at the appropriate matrimonial forum in your area of jurisdiction. Since you have mentioned that you have not had any physical intimacy over a year, it is presumed that there is no co-habitation in that case as mentioned earlier you may invoke section 10 of the Hindu Marriage Act, 1955 for judicial separation, if required. Further to add, you may file for divorce under section 13 (1a)(i) on the grounds that "there has been no resumption of co-habitation as between the parties to the marriage for a period of one year or upwards after the passing of a decree for judicial separation in which they were parties".

Home alone

Kumar asks,
My wife has gone back to her parents after 11 months of marriage after abusing my parents without any reason. She has been staying with them for more than six months and does not want to come back and her family is supporting her in this. Can I file a petition for divorce now and how much time will it take if there is no opposition? In case of opposition by my wife what will be the consequences?

Dear Kumar,
Presumably you have got married under the Hindu Marriage Act, 1955, now you cannot file a petition on the grounds of desertion by your wife. But you may file if so required for judicial separation depending upon certain facts as narrated by you. Further to add you may file for divorce under section 13 (1a)(i) on the grounds that there has been no resumption of co-habitation as between the parties to the marriage for a period of one year or upwards after the passing of a decree for judicial separation in which you were parties. Now as regards the time frame it cannot be concluded as it depends upon the court's directions.


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