A2. We are pained to hear about your situation. Before we advise you
about the divorce you seek, you need to be absolutely certain that your husband is indeed having an extra maritial relationship with a colleague of his. Divorce is an extreme step. Once you decide to file for divorce, it generally means that you are shutting the doors to any kind of compromise. Still if you feel that divorce is the only way out, the first step is to engage a good lawyer. Stick to the truth and give your lawyer every detail as sometimes the things we think are inconsequential may turn out to be of the utmost importance.
Unlike the “west” where divorce is a simple affair, the courts in India are reluctant to grant a divorce, when one of the parties is unwilling. A divorce will be heard and decided by the court of District or Additional District Judge of the district/area where the parties were married or have last cohabited (lived together). You will not only have to file the case against your husband, but also against the alleged adulterer, as per the latest position of law. Once you file a case for divorce, a notice will be sent to the opposite parties who too will have a chance to reply to the case you have set up. All the parties will then be given a chance to prove their case by leading their evidence, after which final arguments will be heard and the court will pronounce its judgement.
A divorce can be obtained on any of the grounds mentioned in section 13-B of The Hindu Marriage Act, such as cruelty, desertion, conversion to another religion etc. Adultery too is one of the grounds for divorce. However, to obtain a divorce, it is not enough to make an accusation. The courts have to be shown credible proof that your husband had an extra martial relationship. For instance a witness may have to depose that he or she has seen your husband with another person in a compromising position or doing an act or gesture that seems to suggest a great degree of intimacy not generally seen between two unrelated persons. Evidence can not only be oral but can also be documentary by way of letters, photographs or phone conversations amongst others. To obtain a decree of divorce, the evidence brought on record must of such a nature that adultery is the only conclusion that can be reached by a person of ordinary prudence.
You have stated that your husband beat you up for being suspicious. This of course needs to be deprecated, as no one has the right to hit you, just because he happens to be your husband. However from your query it seems that your husband beating you was one particular incident and not something that was ever repeated again. A single incident of domestic violence not resulting in grievous injury would generally tend to be ignored by the courts in divorce proceedings. However if there have been sustained, repeated assaults and abuse, that has taken place over time, then it would fall under the category of “Cruelty” which by itself is a ground for divorce. You would also have the option of proceeding against your husband under criminal law such as 498 A IPC , or under the protection of women against domestic violence act and other provisions of law.
Your primary question was about divorce on the ground of adultery. It is very hard to prove a case of adultery on purely circumstantial evidence. There is nothing in your query to suggest that you have any direct proof of your husband’s infidelity. Hearsay evidence is not good enough in a court of law. There is little point in filing a case in which the chances of success are not good. Sometimes closeness between colleagues can be misinterpreted. For all you know your husband may be true to you. Unless you are very certain otherwise, take our advice and give him another chance.