Pratul Mishra (SME) 14 December 2013

Divorce

Subject : Please help me in divorce !

Message :
Hi, sir My lawyer is suggesting me to withdraw Sec 9A because i have determined to file a divorce but some of my friends on the other hand suggesting that if i withdraw it how would i prove that she is not with me from last 2 years neither she wants to come with me.what should i do i am confused ? Please help me . There is one more question what type of protection would i get from police etc. after divorce for me or my family as they are notorious type of people. Is there any new amendment for Sec 13A regarding alimony and compensation.

Thanks and regard

Pratul Mishra

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1 Replies

Divya Jyoti Jaipuriar (Advocate/ 09868002365) 14 December 2013

Pratul

I would suggest that you file your divorce application first. One of the grounds in your application can be desertion by your wife for a period of more than two years. For proving desertion, you can quote your pending application for restitution of conjugal rights (section 9). Once notice is issued in your divorce application, you can withdraw your application under section 9.

For seeking police protection, you will be required to prove your threat perception. Only on your fear is not enough for police protection.

There is no amendment so far in HMA, although Rajya Sabha has passed The Marriage Laws (Amendment) Bill, 2013, This bill is yet to be passed by Lok Sabha. After Lok Sabha passes the amendment bill, it will go to President. Only if, it receives president's assent, there will be amendments in Hindu Marriage Act.