Calcuation of desertion period
Rajan
(Querist) 08 April 2013
This query is : Resolved
Dear Sirs,
I am a Party - in - Person
I have applied for divorce on January 2001 (prior to the amendment of the Divorce ACT 1869) on the grounds of adultery based on the documentary material evidence.
Marriage date: 03.09.1999
Deserted by wife: 21.12.1999
Filed petition on: 28.01.2001
After the amendment of the divorce act in 2001 (WEF October 2001), I requested for amendment of the petition to include creulty and desertion (as this clause was not available earlier before amendment), amendment filed under Order 6 rule 17 and CPC 151
amendment filed on 26.1.2006
Kindly advice if the two years of desertion preceeding the petition is calcualted from orignal petition filing date (as this clause was not availble)
OR
is the two years of desertion preceeding the petition on the grounds of desertion is from the date of filing the amendment petition (as the clause of desertion was amended only after filing the petition)
Kindly advice and thanks for your advice
Raj Kumar Makkad
(Expert) 08 April 2013
It shall be calculated from the actual day of desertion which in the given case is from 21.12.1999. The change in the law shall not change the facts of the case.
Rajan
(Querist) 08 April 2013
Dear Raj Kumar Sir,
Thank you for your advice.
Sorry for the question being nor clear, as indeed my question should have been more clear as follows
Filed petition on adultery (only grounds available) under Divorce Act 1869 -- petition filed after 13 months of desertion
Filed amendment petition after many grounds were made available in Divorce act 1869 amend 2001 added the grounds desertion and cruelty -- filed amendment after 7 years and 10 months
The amendment Sec 10 reads .... has deserted the petitioner for atleast 2 years immeadetly preceeding the presentation of the petition
So kindly advice if my petition filed on desertion shall qualify the Sec 10 as grounds were included and presentation of the pettition after 7 years of desertion
OR
will the grounds of desertion will be construced as taken as 13 months -- that shall not qualify Sec 10 amendment
Please advice
Rajan
(Querist) 08 April 2013
Dear Raj Kumar Sir,
Thank you for your advice.
Sorry for the question being nor clear, as indeed my question should have been more clear as follows
Filed petition on adultery (only grounds available) under Divorce Act 1869 -- petition filed after 13 months of desertion
Filed amendment petition after many grounds were made available in Divorce act 1869 amend 2001 added the grounds desertion and cruelty -- filed amendment after 7 years and 10 months
The amendment Sec 10 reads .... has deserted the petitioner for atleast 2 years immeadetly preceeding the presentation of the petition
So kindly advice if my petition filed on desertion shall qualify the Sec 10 as grounds were included and presentation of the pettition after 7 years of desertion
OR
will the grounds of desertion will be construced as taken as 13 months -- that shall not qualify Sec 10 amendment
Please advice
Rajan
(Querist) 08 April 2013
Dear Raj Kumar Sir,
Thank you for your advice.
Sorry for the question being nor clear, as indeed my question should have been more clear as follows
Filed petition on adultery (only grounds available) under Divorce Act 1869 -- petition filed after 13 months of desertion
Filed amendment petition after many grounds were made available in Divorce act 1869 amend 2001 added the grounds desertion and cruelty -- filed amendment after 7 years and 10 months
The amendment Sec 10 reads .... has deserted the petitioner for atleast 2 years immeadetly preceeding the presentation of the petition
So kindly advice if my petition filed on desertion shall qualify the Sec 10 as grounds were included and presentation of the pettition after 7 years of desertion
OR
will the grounds of desertion will be construced as taken as 13 months -- that shall not qualify Sec 10 amendment
Please advice
R.K Nanda
(Expert) 13 April 2013
contact local lawyer.
