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Family divorce

Querist : Anonymous (Querist) 12 March 2010 This query is : Resolved 

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,

V R SHROFF (Expert) 06 February 2012

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As the Query is very old, and not replied by anyone, I hereby reply it:

Even if Spouse living in the same house with husband can be divorced for desertion.

Desertion is state of mind, not place of residence.

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