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Ganesh.... (Engineer)     21 August 2020

Can i file divorce after 3 years of desertion?

I got married in March 2017 and in Oct 2017 she left home without any proper reason.
she did not come back after multiple try also. So I applied for Divorce in Sep 2018.  Then she filled RCR in Mar 2019. She doesn't have any intention to come back but demanded money of 35 Lac to give me a divorce. then I withdraw my divorce and filed a memo in court stating I am ready to live with her in July 2019.
She refused to come back in the court itself and Judge send us to mediation.  Then they came down to 10Lac settlement.. but I couldn't pay and I was ready for 5 Lac. 
as the mediation was failed, I filled an IA to accept her RCR on Jan 2020, the intention was to give her some time and if she is not coming back, file the divorce petition on the grounds of desertion. But Due to corona, the case is delayed. is it still worth following the RCR? or should I file divorce directly? its been almost 3 years now. She is just ruining my life.  Can they still demand money after these 3 years?



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 3 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     21 August 2020

Hello,

You can file divorce petition as there are no chances of restitution. Court will pass order as per merits of the case. It is better to settle the issue by paying one time settlement amount as wife is also ready for divorce otherwise court proceedings will take time. 

raj Kushi   22 August 2020

if u want to file divorce petition on Desertion ground ..u can file the petition after 2 years from the date cause of action arose /desertion took place

Isaac Gabriel (Advocate)     01 September 2020

Neverthless, you are having a good case and filing a divorce petition is advisable.


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