Family divorce

Querist : Anonymous (Querist) 02 April 2011 This query is : Resolved
Sir,

If the husband is staying at her parents house and wife filed 498A and separated. Can wife claim divorce on the grounds of Cruelty and desertion.

Recently there was a Supreme Court Judgement regarding divorce on the grounds of desertion. "Spouse leaving the matrimonial home does not amount to desertion"

Please kindly tell me the judgement when it was delivered. When desertion is valid.

Thanking you,

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M.Sheik Mohammed Ali (Expert) 02 April 2011
you can file divorce for same, same time you tell my husband through out from matrimonial home and gave lot of trouble in matrimonial home so i am leaving from matrimonial home, divorce and maintenance need from my husband. you say. thats all.

Devajyoti Barman (Expert) 02 April 2011
It depends upon the peculiar circumstances of each case. So first spell out the details of your case so that it could be commented whether her actions are liable to be called a s desertion or not.

G. ARAVINTHAN (Expert) 09 April 2011
if the allegations as to 498A are proved, then that will amounts to cruelty and then divorce can be granted on that ground.

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