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Divorce

(Querist) 28 November 2015 This query is : Resolved 
This is the case of my relative, the consequence of facts are :
• Wife leave matrimonial home.
• Husband file RCR.
• In reply of RCR wife state that she wants to live with her husband but it is not possible for her to stay where in laws reside.
• Husband withdraw RCR.
• Wife file maintenance case u/s 125 CRPC.
• Husband mail letters to wife requesting to come and stay in his family.
• Wife did not responds to any letters.
• Husband file petition for divorce on ground of cruelty.
• Wife is ready to live in the family of husband.
• Wife did not want mutual divorce.
• Due to bitter relationship for more than four years, and as wife files maintenance case and false execution case against husband, husband and his family memberes refuse to accapt wife.
Respected Sir,
What is the possibility of DIVORCE ?



Advocate M.Bhadra (Expert) 28 November 2015
Petitioner have to proof cruelty, desertion and non-compliance of court's order of restitution of conjugal right by the respondent to obtain a decree of divorce.
Rajendra K Goyal (Expert) 28 November 2015
In the contested case it is very difficult to have divorce in short time.
Nitish Banka (Expert) 28 November 2015
I think in your case desertion can be only ground, meanwhile you may read my article and see if you can prove cruelty in your case

http://lexspeak.in/2015/11/cruelty-for-the-purpose-of-divorce/

Thanks & Regards,

Adv Nitish Banka

9891549997
K.S.Srinivas (Expert) 06 December 2015
Section 13 of the Hindu Marriage Act, 1955 lays down the conditions or grounds under which one spouse can claim divorce against the other.


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