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avniz aggarwal   30 March 2023

divorce on ground of desserstion

MCD filed by both stating that they are living seperate more thhan 2 years. and daughter will live with mother in future.
but during 2nd motion, he said to judge that he want to meet girl child but wife denied for tha. hon court rejected that 13b appeal.
she want to take divorce
can deserstion be the strong ground for divorce.
he never tried to resume this relationship through any manner in this 2/3 years period.
she want to leave him due to alcohal and unempolyeement.
please guide for accuarte ground for seeking divorce from girl side


Learning

 2 Replies

Dr J C Vashista (Advocate)     30 March 2023

You have stated that, ".........during 2nd motion, he said to judge that he want to meet girl child but wife denied for tha. hon court rejected that 13b appeal........"
Second motion under Section 13B(2) of the Hindu Marriage Act, 1955 is "NOT" an appeal.

Before / during first motion of MCD both the parties have agreed for "custody of minor with mother" after diovrec, what about "visitation" rights of father, which cannot be stopped by the Court. However, Court cannot reject petiiton for second motion u/s 13B(2) HMA, recheck facts or contact your lawyer. 

Facts posted are confusing and vague.

Real Soul.... (LEGAL)     30 March 2023

Repeated query 


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