Divorce on desertion

Dr. Shekhar (Querist) 05 September 2015 This query is : Resolved
The divorce matter was filed for cruelty and desertion. When the petition was filed it was only 6 months elapsed when the wife left and never returned. But the case dragged for more than 2 years. Now can the same case be converted to desertion after 2 years by application u/c 151CPC?

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R.K Nanda (Expert) 05 September 2015
take help of lawyer for ur so many queries on LCI.

V R SHROFF (Expert) 05 September 2015
DESERTION MUST HAVE COMPLETED 2 YEARS PRIOR TO FILING DIVORCE PETITION.

Dr. Shekhar (Querist) 05 September 2015
So if 2 years have completed later on though not at the time of application. What is the solution to get divorce under desertion?

V R SHROFF (Expert) 05 September 2015
IT SEEMS YOU HURRIEDLY FILED DIV PETITION AND WENT TO FOREIGN COUNTRY.

WITHDRAW THE OLD ONE, FILE FRESH PETITION

Dr. Shekhar (Querist) 05 September 2015
But already now more than 2 years are over. Can't we change the old application which is still continuing? is there any law which allows to do so? because the case is already now at exparte evidences stage

SAINATH DEVALLA (Expert) 05 September 2015
Mr.Rajinder,

This ur third query with the same subject.

Rajendra K Goyal (Expert) 05 September 2015
Consult local lawyer and discuss.

Dr J C Vashista (Expert) 06 September 2015
What is the opinion, advise and guidance of your lawyer?
You may withdraw your earlier petition and file afresh, otherwise it is bound to fail.

Dr. Shekhar (Querist) 06 September 2015
Sir my question is that the though the divorce petetion was filed for cruelty and desertion. Now if I am able to prove only cruelty and not desertion then also can i get divorce.?? or is legally required to prove both reasons against which the divorce application has been filed? The other party has not responded at all until now.

SAINATH DEVALLA (Expert) 06 September 2015
Whatever allegations U have mentioned in the divorce application, U will have to prove them,U can't exclude some of them.

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