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Rahul Kharat (Engineer)     06 August 2014

Any timeline for filing divorce petition after wife left

Hi All

I have one query regarding the filing procedure for Divorce case.

Is there any Timeline guideline defined for filing divorce petition after wife leaves husband willfully.


 7 Replies


R/w sec. 13 i b hma 1955.

1. You can file divorce on the ground of willful desertion by wife after passing of two years from the date of such desertion.


Rahul Kharat (Engineer)     06 August 2014

Thanks "Every Sufferer is a Saviour" for your reply.

During 2012 March, Girl went to her parental home n stayed over 6 months stating she don’t want to continue this marriage . Husband and his family tried talking with her parent’s and her to get exact reason but no one from other end responded. During 6 months girl and her family simply didn’t bother for getting any solution. After 6 months of stay, one day she came back with her parents and said such incident won’t happen again and plead to husband n his family to rejoin husbands home.

After one year, again same problem has occurred. Last 4 months girl is at her parental home. Husband and his family has again tried contacting her but no luck neither any reason is been stated this time.

Engaging any Social Marriage Counseling will help to improving relation??


Or any other legal advisory can be taken to get the reason from girl and family.

Please help


No bar but after one year since marriage

Nadeem Qureshi (Advocate/     07 August 2014

Dear Querist

on cruelty ground there is no time limit or timeline to file divorce but due to desertion the time limit is two years and before two years the divorce case can not be filed.

feel free to call

rapra_1234 (SE)     07 August 2014



Is this two years calculated from the date of RCR filing or from the date of actual separation.In my case date of actual separation(willfully by my wife) can be proved by tracking her mobile number and  some emails and relative who took steps to reconcile us.

In our first hearing, she told to the councillor that she need more time to think and as of now i cant live with him.

In this case, if I prove she will fully separated from me, should i need to pay maintanance for my wife and child?

Rahul Kharat (Engineer)     07 August 2014

Thanks Naddem sir for all your reply.

Do let us know if following points can be taken as part of Cruelity.

# Abusing Husbands Parents and him in front of all relatives and neighbour with out stating any solid reasons for few ocasion.

# Keep telling Husband that this relation was not her willfull decision.

# Not allowing for Physical relationship to husband.

K.P.Satish Kumar (Advocate)     22 October 2014

There is no time limit to file the divorce petition before the court. But you cannot file a divorce petition before one year in hindu marriage and two years for christian marriage for divorce.

Daniel & Daniel


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