Can i apply for divorce?

Junior Advocate

Dear All,

I and my wife are living seperately since last 6.0 years.498a,DV,Child custody,HMA 24 cases are applied by her.All the case are running in court since last 4.0 years.Now,can i apply for Divorce?As,my lawyers say that "Just wait & Watch.... 

 
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To file a divorce suit it is mandatory provision of law that after one year of separation,you should file a divorce suit after two years of separation which you may have good grounds of desertion and cruelty.

 
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498a Fighter

change your lawyer soon.

 
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I am sorry for writing my query in this thread which i am not owner of. since, my question is related so taking this opportunity. I hope bail498 will not be angry on me by interfaring in between.

my wife also left me 2 years back and took our only child away. we spoke only once in this while and that also she did on formality purpose to put wiered condition in order to come back to me which I did not accept.

i know that my case also falls under the category of desertion as suggest any another expert in another query. My question here is. If I am able to prove that my wife deserted me without any proper justification and cause then will she still be eligible for alimony or any maintenance? she has not filed any police case, or taken any legal action against me.

please guide..

 
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practicing advocate

You can file a divorce on the ground of desertion and cruelty.
 

 
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Worker

498a,DV,Child custody,HMA 24 cases are applied by her.

 

ground of desertion is already destroyed by wife by filing HMA 24, 498a & DV.

so it will be just like filing the case of divorce and running to the court endlessly.


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Advocate/ nadeemqureshi1@gmail.com

Dear Querist yes you can file a divorce petition if you want. feel free to cal

 
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zz

Fine print is WILFUL DESERTION:

1) U have to prove SHE deserted not U

2) It was her wilful desertion; she may anways tell -- u were so much cruel as she had to desert. U may think of n reasons she will put- why did she desert.

Court will take ages to decide on these 2 points.


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Legal Evangelist - TRIPAKSHA

What is the right time to apply for divorce.

 

WHEN YOU THINK YOU ARE READY.

 

You are not gonna get divorce unless you ask for it.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com


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After how much duration of living separately (in case when one spouce deserts the other) is condiser as desertion in Indian law? 

is it two years ? anybody, confirm please.

 
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