Clarification on desertion clause

Narendra...... (Engineer) 18 January 2014

Please advise me how i can proceed.

Laxmi Kant Joshi (Advocate ) 18 January 2014

narendra this is not the way for each small matrimonial disputes you ask for divorce, there are too many ways to sort out the small issues occured in between husband and wife , to get divorce from the court is not so easy as you think , i suggest you go to your in - laws house with your parents and talk nicely to your wife and her parents and convince them and bring your wife back with you to your home , if you will file divorce or other case against her then she will equally respond you by filing civil, criminal , dv and other cases on you and the life of you both become hell , therefore forget past throw out your ego and sit together and amicably sort out your differences and misunderstandings .

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 18 January 2014

Dear Querist

read the section 13 mentioned below

13. Divorce.

(1) Any marriage solemnized, whether before or after the commencement of this Act, may, on a petition presented by either the

1. Subs. by Act 68 of 1976, s. 6, for" or fraud".

2. Subs. by s. 6, ibid., for" the grounds for a decree".

husband or the wife, be dissolved by a decree of divorce on the ground that the other party-

(i) 1[ has, after the solemnization of the marriage, had voluntary, s*xual intercourse with any person other than his or her spouse; or

(ia) has, after the solemnization of the marriage, treated the petitioner with cruelty; or

(ib) has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition; or]

(ii) has ceased to be a Hindu by conversion to another religion; or

(iii) 1[ has been incurably of unsound mind, or has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent. Explanation.- In this clause,-

(a) the expression" mental disorder" means mental illness, arrested or incomplete development of mind, psychopathic disorder or any other disorder or disability of mind and includes schizophrenia;

(b) the expression" psychopathic disorder" means a persistent disorder or disability of mind (whether or not including sub- normality of intelligence) which results in abnormally aggressive or seriously irresponsible conduct on the part of the other party, and whether or not it require or is susceptible to medical treatment; or]

(iv) has 2[ been suffering from a virulent and incurable from of leprosy; or

(v) has 2[ been suffering from venereal disease in a communicable from; or

(vi) has renounced the world by entering any religious order; or

(vii) has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of it, had that party been alive.

1. Subs. by Act 68 of 1976, s. 7. for the former cl.

2. Certain words omitted by s. 7, ibid

1[ Explanation.- In this sub- section, the expression" desertion" means the desertion of the petitioner by the other party to the marriage without reasonable cause and without the consent or against the wish of such party, and includes the wilful neglect of the petitioner by the other party to the marriage, and its grammatical variations and cognate expressions shall be construed accordingly.] 3[

(1A) 4[ Either party to a marriage, whether solemnized before or after the commencement of this Act, may also present a petition for the dissolution of the marriage by a decree of divorce on the ground-

(i) that there has been no resumption of cohabitation as between the parties to the marriage for a period of 5[ one year] or upwards after the passing of a decree for judicial separation in a proceeding to which they were parties; or

(ii) that there has been no restitution of conjugal rights as between the parties to the marriage for a period of 5[ one year] or upwards after the passing of a decree for restitution of conjugal rights in a proceeding to which they were parties.]

(2) A wife may also present a petition for the dissolution of her marriage by a decree of divorce on the ground,-

(i) in the case of any marriage solemnized before the commencement of this Act, that the husband had married again before such commencement or that any other wife of the husband married before such commencement was alive at the time of the solemnization of the marriage of the petitioner: Provided that in either case the other wife is alive at the time of the presentation of the petition; or

(ii) that the husband has, since the solemnization of the marriage, been guilty of rape, sodomy or 6[ bestiality; or]

(iii) 7[ that in suit under section 18 of the Hindu Adoptions and Maintenance Act, 1956 , (78 of 1956 .) or in a proceeding under section 125 of the Code of Criminal Procedure, 1973 (2 of 1974 .) (or under the

1. Ins. by Act 68 of 1976, s. 7.

2. The word" or" at the end of cl. (vii) omitted by Act 44 of 1964, s.

3. Cls. (viii) and (ix) omitted by s. 2, ibid.

4. Ins. by s. 2, ibid.

5. Subs. by Act 68 of 1976, s. 7, for" two years".

6. Subs. by s. 7, ibid., for" bestiality".

7. " Ins. by s. 7, ibid.

corresponding section 488 of the Code of Criminal Procedure, 1898 ), (5 of 1898 .) a decree or order, as the case may be, has been passed against the husband awarding maintenance to the wife notwithstanding that she was living apart and that since the passing of such decree or order, cohabitation between the parties has not been resumed for one year or upwards;

(iv) that her marriage (whether consummated or not) was Solemnized before she attained the age of fifteen years and she has repudiated the marriage after attaining that age but before attaining the age of eighteen years. Explanation.- This clause applies whether the marriage was solemnized before or after the commencement of the Marriage Laws (Amendment) Act, 1976 .] (68 of 1976 .)

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Narendra...... (Engineer) 18 January 2014

@Laxmi Kant Joshi Ji - As i cleared i never intended to go for divorce but as i mentioned me and my family already tried to convince them but they are not agreed to come back. Second she can come under some conditions like: she want house on her name, she will not do any of house work, no one allowed to ask anything to her even i cant ask her. Third her family or her never try to contact me since she left home. Everytime i enquired and arrange meeting to settle this issue.

Thanks for your concern I also dont need that mess but living without wife after marriage is more painful(Mentally). I never hurt her but cant full fill her ego at any cost.

I need guidance now. (Harassed by Wife and her family) 22 January 2014

@ Narendra.. your case is same as mine.. i too have same opinion on this issue. as i feel these people are very cruel in there intension you better consult a lawyer and inform her to come back. later u can go for DV. for any more discussions u can send me your options to my mail and talk to me. i can understand how it feels being single after marriage. and no law will help us in this regard. lets solve it outside the court.

trilok.g.mylar@gmail.com

contact me if need help

(Guest)

If she has left you on her will, then why should you go and get her, that too with your parents...tamasha hai kya?..don't even listen to biased opinions...if false cases come in your way, then let them come.

Send a legal notice asking her to comeback ASAP or let her face the consequences. Dont get into begging game.

I need guidance now. (Harassed by Wife and her family) 23 January 2014

@ Stalker, you are right,

now a days married girls have a common tendancy to run back to her parents complaining on husbands. Law is actually helping them find good life and respect but they are spoiling it with their ego's. file false case putting DV case or alging on s*x issues etc etc. they dont have the mind set to live togather and live for eachother. ye log tamasha banachuke hai sir.. am seeing similar thing in my life too where am also helpless cause of the law and its procedures. we husbands have no choice other than live like unmarried men. its not fare on the part of women to do this ill acts.

I need guidance now. (Harassed by Wife and her family) 23 January 2014

@ Stalker, you are right,

now a days married girls have a common tendancy to run back to her parents complaining on husbands. Law is actually helping them find good life and respect but they are spoiling it with their ego's. file false case putting DV case or alging on s*x issues etc etc. they dont have the mind set to live togather and live for eachother. ye log tamasha banachuke hai sir.. am seeing similar thing in my life too where am also helpless cause of the law and its procedures. we husbands have no choice other than live like unmarried men. its not fare on the part of women to do this ill acts.

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Clarification on desertion clause

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