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Baba (Own business)     23 October 2008

Desertion

Respected Lawyers in this forum may clarify the following...

1. What are the various VALID legal reaons for granting "Divorce", based on 'Desertion' for 2 years in case of  Newly married couple.

2. For obtaining "Divorce" based on 'desertion', should ONE party in newly married wait for 2yrs before approaching court?



Learning

 5 Replies

N.K.Assumi (Advocate)     23 October 2008

Dear Baba, If your ground of divorce is based on desertion then you are to wait for two years, whether you like it or not and whether it is unreasonable and cause great hardship tp you are all immaterial. Like a man carrying the weight of the world you are to bear the burden of waiting period of two years, as per the wisdom of the parliament. Sub clause (ib) of Sub Section (1) of Section 13 of the HMA  says "has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petitioner.

Sankaranarayanan (Advocate)     23 October 2008

yes Mr.N k  is correct more over the gap only for try to rejoin them. bcz  maximum all are try to rejoin them and lead be happy. during those period any thing may happen . every thing have certain meanigs .

Sushil Kumar Bhatia (Advocate)     24 October 2008

If both husband and wife want to take divorce mutually the petition for divorce can be filed jointly u/s 13B of hindu marriage act the condition is atleast one year should be passed after marriage the next date for order on aforesaid petition further six month's date will be fixed by family court .any further querry email mr.sushil_bhatia@rediffmail.com

Ajay kumar singh (Advocate)     24 October 2008

Desertion must be without reasonable excuse. So far timeframe is concerned,it is to be followed strictly.

K.C.Suresh (Advocate)     25 October 2008

The querry is answered from several angles. good answers


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