Divorce on cruelty grounds

@ Author 

1. YES
2. Preserve in right formats recordings and other proofs as per Indian Evidence Act and approriate proceedings present them before concerned Court. 

yes go ahead.

as soon as 2 yrs of desertation completed took the ground of desertion.

@Tajobsindia

Thank you !!

@Arup,

Thank you !!

Do you mean I should file suit of divorce on Cruelty basis now and once two years of separation is done, I should include desertion as a ground in suit ?

Please clarify.

You need to wait for two years to complete before filling for divorce if you want to use dissertion ground. You can not  insert this ground  by filling divorce application before two years completion and inserting this ground when two years complete.

Hi,

If we file divorce on this ground (Cruelty), do the husband and wife has to wait 6 months period of time before divorce. Please let me know at what are the suituation, this six months period waiting time will be applicable.

Yes, I too am in fix ......suffered by a deserted wife having an affair in her home town. Just waiting for July when I complete an year of marriage..... With sufficient evidences should I go for Divorce on cruelty or should i first seek their intention about Mutually consented divorce   .... which I am sure they would never agree to.  secondly, my lady love has the City SP as his close one. Would that screw my case? or what should I do to thwart his influence over my case. Please advise ...its urgent.

@Krishhna Kumar

I think 6 month waiting period is for Mutual consent divorce. If you file divorce for cruelty ground it would be contensted one, so no waiting period, the moment decree awarded you are free.

@Rohit Shukla

Almost all advocate suggests not to start anything form our end (husband) or else just be parepared to have many cases (498a,dv) in return. So if you are prepared for that just go ahead and file law suit.

Never give up, first of all , if you want any sugessation you have to put your profile in lawyersclubindia,

As per your information put in quiry, you may file divorce petition at family court/district court.

you have enough evidence to get success in the matter.

Thank you Gaurang.

Hi,

If the husband filed divorce after 2 years of separation on cruelty ground and wife comes and says she want to join with the husband to harras him, will the court accept wife words and ask husband to live with the wife? How the husband can live with that type of wife with love and affection?

Is it possible to say NO to the judge to live with the wife? What will be the result from the judgement then?

Because waiting for 24 months is horrible life after marriage (whoever meet they will raise questions on why wife left husband) , but filing divorce after 24 months also will not be favorable to husband then it is really painful to accept.

Is it neecessary to wait 24 months (2 years)? Is that 24 months will be counted from separation date to divorce filing date or first divorce hearing date?

..."and wife comes and says she want to join with the husband to harras him, will the court accept wife words and ask husband to live with the wife"?

Remain assured, if wife says she wants to join husband to harass him, court would of course accept wife's words as words are said by wife and will not ask husband to live with wife!!

@Krishna Kumar,

Very good point raised !!

@Ambika and Laerned members,

Wouldnt arguement , "If she wanted to live with husband what is a reason to stay away for 2 long years..why was she away for 2 years if she ever wanted to live with husband" would hold true ?

Do you mean I should file suit of divorce on Cruelty basis now and once two years of separation is done, I should include desertion as a ground in suit ?
 

---   yes.