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husband seeking divorce

(Querist) 12 February 2009 This query is : Resolved 
Dear sir/madam
wife staying with their parents for the past 20 months as she was found in an adultrous condition,therefore husband informed this to her parents and her father took her along with him.they have a 7 months daughter who is living with husband.now husband and his parents want to seek divorce.All the options for reconciliation are exhausted.wife is not ready to take mutual divore,should husband file divore petition? on what ground?please advise.

ARVIND JAIN (Expert) 12 February 2009
ADULTERY IF CAN PROVE OR CRUELTY AND DESERTION.
M. PIRAVI PERUMAL (Expert) 12 February 2009
You can file an application for divorce under cruelty and desertion. It is very difficult to prove adultery.
arunprakaash.m. (Expert) 12 February 2009
on the same ground you can file divorce petition.
Sushil Kumar Bhatia (Expert) 12 February 2009
your case covered under section 13 of HMAct for divorce if you have strict proof of adultry ,desertion, wife if living seperately and not fulfilled the marital relation for a long time covered under cruelty you can file petition after two year seperation.you have good ingredients for filing divorce petition.
Kamlesh soni (Expert) 13 February 2009
You can file an application for divorce under cruelty and desert.Mr.Sushil is right here that your case covered under section 13 of HMAct for divorce if you have strict proof of adultry ,desertion, wife if living seperately and not fulfilled the marital relation for a long time covered under cruelty you can file petition after two year seperation.you have good ingredients for filing divorce petition.
Adv.Shine Thomas (Expert) 13 February 2009
I agree with the above two views
kalyan (Querist) 15 February 2009
Thanks a lot for the invaluable suggestions,further i want to know if we apply for divorce on desertion and cruelty after 02 years as suggested by or ld senior friends whether the wife can initiate 498A to harass husband and his family
kalyan (Querist) 15 February 2009
Thanks a lot for the invaluable suggestions,further i want to know if we apply for divorce on desertion and cruelty after 02 years as suggested by or ld senior friends whether the wife can initiate 498A to harass husband and his family
kalyan (Querist) 15 February 2009
kalyan (Querist) 15 February 2009
kalyan (Querist) 15 February 2009
kalyan (Querist) 15 February 2009
K.C.Suresh (Expert) 15 February 2009
Kalyan possibility is there for a 498A.
RAKHI BUDHIRAJA ADVOCATE (Expert) 16 February 2009
I do agree with my all friends. For further querries u can contact me at:-09711364956/09871158578
Hiralal Das (Expert) 05 April 2009
I do agree with the valuable opinions of the learned members. Thanks all of you.


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