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Sandeep (NA)     29 March 2015

Divorce - adultery limitation period

I have this moot problem where the alleged act of adultery by the petitioner - husband occurred 1 year prior to the filing of petition. Can the respondent - wife take up this in her written statement ?

Also for desertion are there any cases where the statutory 2 year period was waived ? In the problem when the husband tries to contact the wife, she emails him to "leave her alone" implying she's not interested in continuing the marriage.



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 2 Replies

sandykrish (Interested in Family LAW)     29 March 2015

Your question is unclear please elaborate. Sorry mate

Sandeep (NA)     30 March 2015

Is Sec. 23(d) of HMA applicable for the respondent also ? The respondent might raise a counter claim of adultery against the petitioner. This alleged adultery happened a couple of years back.


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