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Jainantony Antony   25 August 2020

desertion as a ground of divorce

After loading a FIR regarding the missing of the husband 2 years this period no informations of any kind regarding his this kind of desertion of 2 years can take as a ground for divorce as laid in hindu marriage act

 5 Replies

Seema Joshi   25 August 2020

No has to wait 7 yrs or till the time dead body is  found .... presumsion is that person is alive upto 7 yrs 

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     25 August 2020

As per Section 13 B of Hindu Marriage Act, 1955 and Section 28 of the Special Marriage Act, 1954, the couple should be living separately for at least one year before divorce proceedings can begin. Section 10A of Divorce Act, 1869, however, requires the couple to be separated for at least two years.

Hemant Agarwal ( Mumbai : 9820174108)     25 August 2020

1. You are eligible to apply for Divorce in the local Family Court, by following due procedures of law.

2. IF husband is consistently not present on several dates, THEN you will be granted Divorce Decree on ex-parte basis, subject to various parameters.

Keep Smiling .... Hemant Agarwal

Jainantony Antony   26 August 2020

hi om prakash sir
I have surprised by seeing your opinion.why you are thinking religiously. persons working in the legal profession has to deal cases of all religions irrespective of religion,cast,creed etc.a hindu may have to deal the case of Christian or muslim and vice versa. because we are living in a secular country as brothers.any way gud luck

Jainantony Antony   26 August 2020

ok om prakash sir thanks for your clarifications . i accepts your reasonable observations. As you pointed out iam not a lawyer .but only a legal aspirant eager to know laws.i have not tried to hurt you.i expect your favour in legal matters and my queries in future. thanks a lot

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