Frequently Asked Question (FAQ's) On Matrimonial Law

Even though adultery has been decriminalized under the Indian Penal Code, it remains a strong ground for divorce. Section 13(1)(i) of the Hindu Marriage Act lays down that if a person’s spouse is found to have had sexual intercourse with anyone other than their spouse, they have committed adultery and the aggrieved spouse can file for divorce on this ground.The court also ruled that a person indulging in phone sex with someone outside marriage does not come under the ambit of adultery; but it would be construed as infidelity.

Unfortunately, the Indian law does not as yet recognize marital rape as an offence and there is no legal recourse for the same, however the wife can file a complaint based on grounds of cruelty, unnatural sex and grevious hurt in the courts of law in order to get redressal.

When you and your spouse have amicably resolved terms of separation to part ways, you can dissolve the marriage by filing a mutual consent divorce petition (under Section 13B of the Hindu Marriage Act, 1955) (under Section 28 of the Special Marriage Act, 1954) before the Family Court.

You can apply at the office of the Sub-Divisional Magistrate in whose jurisdiction the husband or wife resides on any working day. Fill the Application form duly signed by both husband and wife. Verification of all the documents is carried out on the date of application, two witnesses from both sides duly sign the form and a day is fixed for the appointment and communicated to the parties for registration.

In case a woman has been subjected to domestic violence at the hands of her husband and/or in-laws, she can approach the nearest police station and file a complaint under section 498A of the IPC.

When a domestic violence complaint has been lodged, the victim retains a right of residence and cannot be forced to leave her house/premises even if it is a shared household.

No spouse can be forced to have a child against his/her wishes. Mutual consent is imperative and must be sought in order to procreate, however, not consenting to have a child without any reasonable excuse may amount to cruelty and can be taken up as a ground for divorce.

The Indian courts have ruled that a person indulging in phone sex with someone outside marriage does not come under the ambit of adultery; but it would be construed as infidelity. If the sexting by wife is considered as an act which causes mental harassment to husband and this mental harassment or cruelty is proven to be a good enough ground for breaking the marriage between both, then that may be taken into consideration by the Family Court for divorce on the ground of cruelty but definitely not on the ground of adultery as explained above.

Answers –  Streedhan is a movable or immovable property that a woman receives during her lifetime such as, prior to marriage, during the marriage, etc. A woman has a right to her streedhan and this right is provided by S.14 of the Hindu Succession Act,1956 and S.27 of the Hindu Marriage Act,1955. “A Hindu woman is an absolute owner of her streedhan and can deal with in any way she likes even if it is in custody of her in-laws or husband or any other person, they are bound by law to return such property when and if demanded by her.” When they refuse to give it back, she may also be liable for the criminal offence of ‘criminal breach of trust’ U/S 405&406 IPC,1860.