(Querist) 28 July 2011
This query is : Resolved
for the last 2 and half years me and my wife are living seperately and in 2009 August my laywer sent her a notice but she didnt turned up.In Sept we sent her remineder and result was same then we filed sec9 in the court and I got decree in 2010 Dec. She never contested. I want to file a case on the ground of dessertion as in August 2yrs will be completed and according to Sec.13 of HMA. can i file divorce on that ground. my parents are more than 70 yrs of age.i got married in feb 2008 and she left my house in June 2008.
(Expert) 28 July 2011
You can file a petition for Divorce under Section 13(1)(1b) - has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition; and Section 13(1A)(ii) - that there has been no restitution of conjugal rights as between the parties to the marriage for a period of one year or upward after the passing of a decree for restitution of conjugal rights in a proceeding to which they were parties.
Since 1 year has not yet over after passing of the Section 9 RCR petition in your favour, it would be adviseable for you to file the petition for divorce after expiry of 1 year which will be in December 2011 (which is only another 5 months away). In that event, your petition for divorce would become stronger.
The age of your parents etc., are not grounds, but they can be stated to bring home the point how your wife had been uncaring, and trying to inflict cruelty on their sensibilities at this old age etc. etc.
(Expert) 28 July 2011
i squarely agree with Mr. R.Ramachandran
Raj Kumar Makkad
(Expert) 30 July 2011
If there has been no restitution of conjugal rights as between the parties to the marriage for a period of one year or upward after the passing of a decree for restitution of conjugal rights in a proceeding to which they were parties.
(Expert) 01 August 2011
yes, i agree with Mr. R.Ramachandran.
(Querist) 01 October 2011
thanks for your advice. My one year of is going to over by 31st of october after getting the decree of sec.9. In Nov. I will file the case of divorce under sec.13(1)(1b)and 13(1A)(ii). On this issue I would like to understand some issues.: 1. Whether court will pressurise me for keeping my wife again if she says that she will live with me if she appears in the court? 2.I dont want to keep her in any circumstance so whether court will understand my position also? 3. What will be the time limit for getting the divorce? Will it be easier if I have got the decree of Sec.9?