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dasarivasu (retired)     18 February 2015

How many years of separation enable divorce?

After domestic violence  and bind over in police station husband sent out wife along with child to her parents ' home. Can he manage divorce on the ground that she deserted him and denied restoration of conjugal rights with notices returned (sent to fake address) ? The case is Christian husband Vs Hindu wife. No marriage certificate.

Whether certain period for separation is enough to grant divorce ex-party?

Can divorce be granted without the consent of  wife ?

What is latest SC judgments on grant of ex-party divorce

please clarify so as to take precautionary steps if any.



Learning

 3 Replies

Adv k . mahesh (advocate)     18 February 2015

if you want to contest the case and if you know the particulars of the case then you can contest the case with your lawyer representation and if you want the same also appear in the court and file a petition and request for the same 

as you say that he is giving a fake address court will see for some hearing and if not one contest it then court will grant ex party decree and if you go and file your petition and contest then the case will run for some time 

saravanan s (legal advisor)     19 February 2015

Thats constructive desertion.wont hold ground and giving false address itself is a criminal act.consu lt a lawyer

Totally Depressed (Cashier)     30 March 2015

before six months i got married. From the first day of marriage I observed that she has no interst to stay peacefully with my family. Though my job was transferable and during that period she was with me and tried to isolate me in any ways means. she is working women and i have evidence that she may be engaged with another man. also neibours seen him.

Now I came to my native place and doing my service from my home. but she is disagree to stay with me. In this situation Can I file RCR ?

 i have complaint nearest police station about her behaviour and cruelty.

Secondly, after getting summan from the court if she wants to come back, I am anticipating that she must have some intension to alleaged falsely on my parents and file 498a against us.

So at this stage , what should I do to save my family? Please advise me...


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