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DV Fighter (Service)     14 April 2013

Can the litigation period considerd as desertion.

If the mutual consent divorce petion remains in court for the period  two years in court. Can this Litigation period can be considerd as desertion & can be used as a ground for divorce?



Learning

 6 Replies

Adv Archana Deshmukh (Practicing Advocate)     14 April 2013

I disagree with the above advice. When the parties are residing seperately from each other by mutual consent and petition was filed for obtaining divorce by mutual consent then, there is no question of desertion. Desertion comes into play when one spouse willfully renounces the company of the other spouse without there being any consent of that other spouse or valid justification for staying seperately. So here in this case desertion cannot be used as a ground for divorce if the parties were staying seperate with eachothers consent.

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DV Fighter (Service)     14 April 2013

Originally posted by : Adv Archana

I disagree with the above advice. When the parties are residing seperately from each other by mutual consent and petition was filed for obtaining divorce by mutual consent then, there is no question of desertion. Desertion comes into play when one spouse willfully renounces the company of the other spouse without there being any consent of that other spouse or valid justification for staying seperately. So here in this case desertion cannot be used as a ground for divorce if the parties were staying seperate with eachothers consent.

@ Adv Archana

Thanks for reply.

Mam in my (this) case my wife was not staying with my consent. Now will it be considerd as desertion.


(Guest)

While the MCD is ongoing, it is "not" considered as desertion. You both filed MCD so there is no question of not having your "consent".

Adv Archana Deshmukh (Practicing Advocate)     14 April 2013

@ Pankaj Akola MS,

Go thru the contents of your MCD petition you will get your answer in the contentions that you both have made in the petitions and your affidavits.

DV Fighter (Service)     14 April 2013

@Adv Archana Madam,

Ok ....Thanks


(Guest)

 

Originally posted by : Pankaj Akola MS

If the mutual consent divorce petion remains in court for the period  two years in court. Can this Litigation period can be considerd as desertion & can be used as a ground for divorce?


Q:  DESERTION WHEN, HOW?


ANS:  FROM THE DATE OF LAST STAYING TOGETHER TILL THE DATE OF FILING A CASE OF DIVORCE.


DIVORCE CASE MAY GO ON FOR 12 YEARS, BUT THAT WONT AMOUNT TO DESERTION.

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