Doll (Developer) 06 January 2015

Help me regarding message

Hello Sir/Mem

I got married before 2 years. Before my marriage, I am working as a professor in College. As per my in ‘laws family decision, leave that job. And some issues are occurs because of my brother-in-law. At that time, I am staying in stress. After 7 month of marriage then I think, I have to start my new job, then they do not like that I am doing job. Still I have continue that job. After 10 days completion of my job, I was find that, I am seek very because of my blood report comes less than 6.0%. When my parents new that thing, they called me at their home. After some days, when I message to my in ‘laws family, they told me no to come at my home.

Now, 1.5 years left, I am staying with my parents, Now they are wanting divorce and I don’t want divorce.

In this situation, some people told me that after 3 years of separation, if they file for divorce that it happens without my permission or other way if they want..

Is it so?

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4 Replies

Sharad Bhatnagar (NA) 06 January 2015

No one can divorce you without your consent. This a simple case of desertion which could be a ground of Divorce but the other party has to provide poof of desertion

For the office of desertion, so far as the deserting spouse is concerned, two essential conditions must be there, namely (1) the factum of separation, and (2) the intention to bring cohabitation permanently to an end (animus deserendi). Similarly two elements are essential so far as the deserted spouse is concerned: (1) the absence of consent, and (2) absence of conduct giving reasonable cause to the spouse leaving the matrimonial home to form the necessary intention aforesaid. The petitioner for divorce bears the burden of proving those elements in the two spouses respectively.