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kingofqueens (n)     04 January 2013

Divorce advice required.

Hello there.


My wife had left her marital home since 18 months, on the grounds that she would like to file for divorce. Howver, now she has demanding a large sum of money (which I can not afford) to sign mutual consent papers. . Technically speaking, since 2008 We were not living as a married couple since 2008. We also have a child, who is living with his mother.

Can this be used as grounds of dessertion?



Learning

 9 Replies

Rahul Kapoor (Legal Enthusiast)     04 January 2013

hello,

she left your home 18 months back ?

under HMA  a continous period of 2 years is required.

 

 

regards-

rahul.gogreen@gmail.com

kingofqueens (n)     04 January 2013

What is HMA?

Basavaiah, (Retired)     04 January 2013

HMA =  Hindu Marriage Act

ABHISHEK KUMAR VATSA (Freelancer)     04 January 2013

hi kingofqueen,

According to Hindu marriage act there should be duration of 2 years.So in your cae you have to wait for 6 more months. But there other ways out but that only can be suggested when we know each and every fact related to your marriage.

regards 

abhi()kumar9law@gmail(dot)com

Joseph Wilfred (Voluntarily Retired from Indian Overseas Bank)     04 January 2013

I REALLY FAIL TO UNDERSTAND EVEN EDUCATED MARRIED HUSBAND / WIFE ARE UNAWARE OF THE BASIC OF THE LAWS RELATING TO MARRIAGE IN INDIA . EVEN IN AN ARRANGED MARRIAGED ONLY VERY FIEW LIVE ACTUALLY A HAPPY MARRIED LIFE EVEN IF THEY LIVE SEPARATELY WITH THEIR WIFE . NOT TO TALK OF THE PROBLEMS IF ONE CHOOSE TO LIVE WITH THEIR PARENTS AFTER MARRIAGE . THOSE DAYS HAD GONE LIVING WITH PARENTS AFTER MARRIAGE . EVEN IF ONE LIVES SEPARATELY WITH HIS WIFE THERE IS BOUND TO BE PROBLEMS . AS FAR AS I AM CONCERNED MARRIAGE IS LIKE A PIT AND ONE SHOULD GET INTO IT VERY CAREFULLY KNOWING THE PROS AND CONS OF MARRIAGE . HUSBAND / WIFE MAY OR MAY NOT BE GOOD .BUT THERE ARE PEOPLE EITHER THEIR FATHER / MOTHER OR THEIR BROTHERS / SISTERS AND THEIR RELATIVES ARE THERE TO COMPLICATE MATTERS AND BRING IT TO THE WORST SITUATION . THIS APPLIES TO BOTH CATEGORY. SO STUDY SOME " FAMILY LAW " BEFORE MARRIAGE SO THAT YOU DON'T LAND IN THE WORST KIND OF TROUBLES . IF YOU ARE ZERO IN THIS THEN YOU WILL SURELLY LAND IN TROUBLE . ATLEAST AFTER MARRIAGE YOU LEARN SOMETHING ABOUT  " FAMILY LAW " SO THAT YOU CAN BE CAREFUL IF YOU WANT TO GO IN FOR SEPARATION WITHOUT LANDING IN TROUBLE . IN SOME CASES EVEN THIS WILL NOT WORK OUT . - JOSEPH WILFRED - 04/01/2013 AT 20.32 HRS.

Arpita (Nil)     05 January 2013

Under Hindu Marriage Act before the petition is filed u/s 13 a period of 1 year of seperation is required. Where does 2 yrs come from? 

ABHISHEK KUMAR VATSA (Freelancer)     05 January 2013

@arpita 

here we are talking about desertion and as per hindu marriage act the time prescribed is 2 years.Y

ou have to be more specfic with your queries.

Arpita (Nil)     05 January 2013

Ok. Thank you.

ABHISHEK KUMAR VATSA (Freelancer)     05 January 2013

@arpita 

here we are talking about desertion and as per hindu marriage act the time prescribed is 2 years.Y

ou have to be more specfic with your queries.


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