Divorce on grounds of separation
Querist :
Anonymous
(Querist) 02 December 2011
This query is : Resolved
If the only strong grounds for divorce is separation , in the state of Goa, what is the minimum period of separation required. keeping in mind one has a 4year old child.
Presently 2years of separation is completed in October.
The person wanting the divorce was not deserted. She had to leave, because the situation was intolerable.
how does one legaly define cruelty, as a ground.
She was also hit twice, suffered a broken nose. Had not filed a poilce complaint at the time. So does not have proof.
Her ancestral gold was sold. large sums of money was borrowed from her father by the husband to make the family survive. the husband would waste money, and borrow a great deal. She was monitored by the local tailor, and the building security. She feared his anger,and left with the belief that it was the best option for herself and the child.
She was completely controlled. Unfortunately, that seems acceptable in Indian Society.
this is why she feels that separation is the only ground. But for how long.
The woman is catholic. So maybe Hindu Law does not apply.
V R SHROFF
(Expert) 02 December 2011
If under Hindu Law, You can file Divorce Petition now, { after 2 years separation} , for desertion & cruelty, and u will get Divorce.
Devajyoti Barman
(Expert) 02 December 2011
If you wish to file case on the ground of desertion then the separation must be not less than 2 years.
If the ground is cruelty only then 1 year of separation is sufficient.
prabhakar singh
(Expert) 02 December 2011
I agree with experts combining their separated opinions to be a right guidance with no addition.
Shonee Kapoor
(Expert) 02 December 2011
no reasons to differ
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
M/s. Y-not legal services
(Expert) 02 December 2011
i have a doubt barman sir, why the one year desertion for take the ground of cruelty.,
Raj Kumar Makkad
(Expert) 03 December 2011
Desertion of 1 year is sufficient but this is not the only ground for seeking divorce.
Shonee Kapoor
(Expert) 06 December 2011
You are mixing two things Tom,
What Mr. Barman said, if the author wants to file divorce on the grounds of desertion, it requires minimum two years.
If it is on grounds of cruelity, there is no time limit, even one year is OK, even One day is OK, even staying together one can file.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Querist :
Anonymous
(Querist) 13 December 2011
The person wanting the divorce was not deserted. She had to leave, because the situation was intolerable.
how does one legaly define cruelty, as a ground.
She was also hit twice, suffered a broken nose. Had not filed a poilce complaint at the time. So does not have proof.
Her ancestral gold was sold. large sums of money was borrowed from her father by the husband to make the family survive. the husband would waste money, and borrow a great deal. She was monitored by the local tailor, and the building security. She feared his anger,and left with the belief that it was the best option for herself and the child.
She was completely controlled. Unfortunately, that seems acceptable in Indian Society.
this is why she feels that separation is the only ground. But for how long.
The woman is catholic. So maybe Hindu Law does not apply.
Querist :
Anonymous
(Querist) 13 December 2011
Another point i must add, She has been living separately for 2 years, but she is still legally married. She has not applied for separation on advice of her lawyer.
