divorce petition

vinod bansal (Querist) 14 October 2010 This query is : Resolved
R/Experts
petition us 13 B of Hindu Marriage Act was filed and ist motion statements of Husband and wife was recorded but at the tim,e of 2nd motion statement wife resile from her earlier statement and withdraw her consent,husband even than contested the petition and ultimately district judge dismissed the petition,now my client (Husband)wants to file divorce petition on the ground of two year desertion,further he want to challenge 13 B HMA order in Highcourt,i want to know whether both remady simultaniously available to my client,kindly suggest,Thanx in advance

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ashish lal (Expert) 14 October 2010
your client don't have ground to challenge 13B motion. The court couldn't have done anything but to dismiss the petition due to lack of wife's consent. You may go for divorce on the ground of desertion but kindly take care that husband should not be the guilty party.

R.Ranganathan (Expert) 15 October 2010
I agree with expert. In the divorce petition you have to prove the desertion and it should not be contradictory to the 13B. If it is, then wife will produce it as proof against the husband. So like Mr. ashish lal said take care.