Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Mak (sale)     15 January 2014

Divorce after 2 year of separation

I need to confirm about the rule.

 

Does court will give divorce if i file after 2 years of separation ? I am not living with my spouse since 1 year. 

Does court will ask for proof of separation ?

What is the best way to get quick divorce beside mutual concern ?



Learning

 5 Replies

ashoksrivastava (scientist)     15 January 2014

Originally posted by : Mak

I need to confirm about the rule.

 

Does court will give divorce if i file after 2 years of separation ? I am not living with my spouse since 1 year. 

Does court will ask for proof of separation ?

What is the best way to get quick divorce beside mutual concern ?

  @querist There is no such rule that court has to grant divorce after 2 years of seperation. Desertion for 2 years is one of the grounds of divorce. For that  to be successful fact of seperation and animus deserendi (intention to leave forever) has to be proved. Also one cannot take advantage of his own wrong under sec 23.1(a) hma . MCD has no close substitute for quick divorce.

regards

ASHOK

laxmi kant joshi (instructor)     15 January 2014

There is no such rule in hma that court have to grant divorce on 2 years of seperation , 2 years of seperation or desertion period is one of the valid ground to file the divorce case , you have to give complete facts with proof of her desertion , only mcd is the best and fast way to take divorce .

Adv k . mahesh (advocate)     15 January 2014

for quick divorce only mutual divorce is best option for you and no ground of 2 years separation will help to get quick divorce and you side you have to prove if any documents show that she is staying separately 

SHIRISH PAWAR, 7738990900 (Advocate)     15 January 2014

2 years of desertion is a ground for divorce and you have to prove desertion before court.

isha bhardwaj (intern)     16 January 2014

dear, Divorce is the termination of a marital union, the canceling and/or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the bonds of matrimony between a married couple under the rule of law of the particular country and/or state.
Under Hindu Marriage Act, 1955 one of the ground of divorce is desetion i.e. If one of the spouses voluntarily abandons his/her partner for at least a period of two years, the abandoned spouse can file a divorce case on the ground of desertion. In this period of time both the spouse must not make any relationship between them. The period of separation must be continuous and uninterrupted. Ordinarily, proof of desertion is a clear-cut factual matter. Courts generally require evidence that the departure was voluntary and that the deserted husband or wife in no way provoked or agreed to the abandonment. Constructive desertion occurs when one party makes life so intolerable for his or her spouse that the spouse has no real choice but to leave the marital home. For an individual to have legal justification for departing, it is often required that the spouse act so wrongfully as to constitute grounds for divorce. The other way left is to contest for divorce in the court.
Regards

Isha bhardwaj

lawkonect.com

09555507507


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