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what are the grounds for divorce if my husband is living with someone else

15 Jul 2026 354 views· Asked by Anonymous

My husband is not living with me for last 8 months even though he is staying in the same city. I need to get divorced but dont know what evidence I can produce

4 Answers

D
Deependra Pati Tiwari
Trusted Legal Guidance & Professional Representation Providing dedicated legal assistance, strategic advice, and professional representation to help clients understand their legal rights and navigate complex legal matters with confidence. Your Rights. Your Justice. Our Commitment.

Adultery: If your husband is in a voluntary sexual relationship with another person during your marriage, adultery may be a ground for divorce. Merely living with another woman or being seen together does not automatically establish adultery.

J
Jay Sharma
Regular Practitioner and Consultant with more than 8 years of consultation experience and 3 years of litigation experience

Your ground for Divorce should be desertion and mental cruelty, file for maintenance first.

J
JAY PRAKASH SINGH
Criminal ,Civil

If your marriage is governed by the Hindu Marriage Act, 1955, you may consider these grounds: Adultery — Section 13(1)(i): If your husband has voluntarily engaged in sexual intercourse with another person after marriage. Living with another woman can be relevant evidence, but living together alone does not automatically prove adultery. Cruelty — Section 13(1)(ia): If his conduct, including the circumstances of the relationship, causes legally recognised mental cruelty. Desertion — Section 13(1)(ib): If he has deserted you without reasonable cause for a continuous period of at least two years immediately before filing the petition. If any clarifications are required. Kindly let me Know.

13 Oct 2026 · later updated below

you may consider these grounds: Adultery — Section 13(1)(i): If your husband has voluntarily engaged in sexual intercourse with another person after marriage. Living with another woman can be relevant evidence, but living together alone does not automatically prove adultery. Cruelty — Section 13(1)(ia): If his conduct, including the circumstances of the relationship, causes legally recognised mental cruelty. Desertion — Section 13(1)(ib): If he has deserted you without reasonable cause for a continuous period of at least two years immediately before filing the petition. If any clarifications are required. Kindly let me Know.

S
S Prithiva Raj
Fighting For Your Rights, Every Step of the Way.

Hi, The grounds for divorce are Cruelty and Adultery and if your husband is not living with you for more than 8 months then you can send a divorce notice to know his decision.