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kumarraj selvan (teacher)     07 March 2013

Desertion by wife

My wife deserted me a year back and went to stay with her parents. At the time of separation, she herself wrote in a govt stamp paper (bond paper) that she's returning the articles that she got from me, and visa vis the articles that i got from her also on 13 April 2012. (dated and signed) It was also signed by three witnesses - one from her side and one from my side and a third party friend of ours. Now i am staying in a rented home alone all by myself, while she's staying with her parents in their house which is close by.

Now, i would please like to know if desertion by wife is a ground for divorce? If so, what is the procedure. Please adviceee. Thanks in advance.



Learning

 7 Replies

Antonyjayapal (tutor)     07 March 2013

There must be two years of desertion

Tajobsindia (Senior Partner )     07 March 2013

1. Desertion by one spouse is ground for divorce and for using it minimum 2 years required.
2. Suggest to speak to her openly and opt for Mutual Consent Divorce or bring her back or keep quite for another year.

Advocate M.Bhadra   07 March 2013

The Hindu Marriage Act,1955

 

13. Divorce.-

 

(1) Any marriage solemnised, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party—

[(i) has, aft

 

1er the solemnisation of the marriage, had voluntary s*xual intercourse with any person other than his or her spouse; or]

 

1[(ia) has, after the solemnisation of the marriage, treated the petitioner with cruelty; or]

 

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

Goutam Prasad (Advocate)     07 March 2013

Already other members have informed you that desertion is ground of divorce after two years of desertion. Hence, for filing petition of  divorce on grounds of desertion, you need to wait for another year. Evevn then it may go on for another two years approx.

If possible you should talk clearly and find out possibilty of mutual consent divorce which is possible with one year seperation, which you have already under gone.
 

If she gets ready you will have to file two motion with six months gap in between.

Reagrds.

Goutam Prasad

Advocate

 

https://www.aegisjurist.com

 

https://www.facebook.com/aegisjurist

Goutam Prasad (Advocate)     07 March 2013

Already other members have informed you that desertion is ground of divorce after two years of desertion. Hence, for filing petition of  divorce on grounds of desertion, you need to wait for another year. Evevn then it may go on for another two years approx.

If possible you should talk clearly and find out possibilty of mutual consent divorce which is possible with one year seperation, which you have already under gone.
 

If she gets ready you will have to file two motion with six months gap in between.

Reagrds.

Goutam Prasad

Advocate

 

https://www.aegisjurist.com

 

https://www.facebook.com/aegisjurist


(Guest)

+ the above.  Dont give a single naya paisa to her, when she opts for MCD.

Gopal Arora (Engineer)     07 March 2013

Why she signed on paper in the presence of witness? When she decided to leave and sign in the presence of witnesses, at that time itself, you should have made her to agree for MCD. 

To get divoce on grounds of desertion, you will have to prove in the that she left you at her own and not because you were harassing her. Also, you also have to prove that she was not interested in returning back.


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