Divorce

Querist : Anonymous (Querist) 13 February 2011 This query is : Resolved
I am a 35 year old guy been married for 11 years and have a son who is 4 years old. i am my wife had issues right from the start which led to lot of fights and i was also subjected to physical and verbal abuse by her. When the same was not getting resolved, i moved out of the house in april 2010 and have been staying out since. i have been paying my sons school fees and also saving money for him in a bank account. I need to know how can i go ahead with the divorce and whether staying seperated for 1 year without any contact is a ground for divorce and will be same be easy or will have to be contested.

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Kirti Kar Tripathi (Expert) 13 February 2011
You can file divorce petition on other grounds. I think from the fact as narrated this is not a good ground.

abhishek (Expert) 13 February 2011
if you both are Hindu, the time is 2 years for seeking divorce on ground of living separately or deserting your wife.

Ramakrishna Ponnekanti (Expert) 16 February 2011
living away one year is an absolute requirement for newly wed and not for u. the grounds will not satisfy a judge. two years apart is alegal ground, but if petitioned for divorce each washing dirty linen in open a new law is on the anvil in parliament and once promulgated,will give a reason of irretrievable break down and will avoid adjournments and divorce will be a walk over for u, subject to alimony and child support.

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