Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Lakshmi Balaga   14 September 2021

Divorce

My brother married on May 25, 2021, her wife left with her boy friend on August 14,2021. We gave missing compliant on her, can we cancel our marriage


Learning

 5 Replies

Shashi Dhara   14 September 2021

File suit for divorce .

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     14 September 2021

Missing complaint. Let it is police duty. after investigation only let it be decided.

Kevin Moses Paul   14 September 2021

As per your concern you may file for suit of divorce. However, you wouldn't be able to use Desertion as a ground of Divorce since, an individual can only get divorce based upon this ground only if the spouse has been into desertion for a period not less than two years according to the Hindu Marriage Act, 1955.

Let your police complaint do more of the work, and file for divorce according to it only.

Regards,
Kevin M. Paul

Vijay Kapoor   14 September 2021

yes you can if you prove that she had left with her boyfriend... divorce on basis of adultery...

minakshi bindhani   25 November 2021

As per your concern!

You can file a petition under any of the grounds mentioned under Section 13(1) of the Hindu Marriage Act, 1955.
 

Grounds for Divorce.

1. Adultery – The act of indulging in any kind of s*xual relationship including intercourse outside marriage is termed adultery.
 
2. Cruelty – A spouse can file a divorce case when he/she is subjected to any kind of mental and physical injury that causes danger to life, limb, and health. The intangible acts of cruelty through mental torture are not judged upon one single act but a series of incidents.
 
3. Desertion – If one of the spouses voluntarily abandons his/her partner for at least two years, the abandoned spouse can file a divorce case on the ground of desertion.
 
4. Conversion – In case, either of the two converts himself/herself into another religion, the other spouse may file a divorce case based on this ground.
 
5. Mental Disorder – Mental disorder can become a ground for filing a divorce if the spouse of the petitioner suffers from incurable mental disorder and insanity and therefore it cannot be expected from the couple to stay together.
 
6. Leprosy – In the case of a ‘virulent and incurable form of leprosy, a petition can be filed by the other spouse based on this ground.
 
7. Venereal Disease – If one of the spouses is suffering from a serious disease that is easily communicable, a divorce can be filed by the other spouse.
 
8. Renunciation – A spouse is entitled to file for a divorce if the other renounces all worldly affairs by embracing a religious order.
 
9. Not Heard Alive – If a person is not seen or heard alive by those who are expected to be ‘naturally heard of the person for a continuous period of seven years, the person is presumed to be dead. The other spouse should need to file a divorce if he/she is interested in remarriage.
 
10. No Resumption of Co-habitation – It becomes a ground for divorce if the couple fails to resume their co-habitation after the court has passed a decree of separation. If either party proves that there is no resumption of cohabitation between the husband and the wife even after a year, it will be sufficient ground for divorce.

Based on your circumstances, you may file divorce on the ground of cruelty.

Hope it is useful!
Regards
Minakshi Bindhani

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