Rajesh (SE) 20 July 2012

Divorce on sepration based?

I have lot of questions.

i got married in 2006

i am facing 498A from last 5 year it is on evidence stage.

i am paying maintaince 7000 for my 5 year son she is earning so court dismissed her appeal.

she has filed section 9 that was dismised by court that she put a condition she is ready to join company in NCR only not his home town because i m working in delhi ,

my all case is going in Faridabad Haryana court.

i have filed divorce after section 9 is dismissed last year in march 2011 on basis of durelty and desertion

now the divorce case is also on evidence stage

in my divorce reply she is rplied that she is ready to join the company.

my question is becase its is tuff to prove the curelty. can i got divoce on basis of sepration becase it is almost 5 year of sepration already.

how much chance to get divorce on long sepration based.

is there any judgment of Divorce on long sepration.

Thanks & Regards,

Rajesh

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3 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 20 July 2012

The seperation period post filing cannot be utilised in this petition - it is also too late to try amend our divorce petition to include the ground of desertion. I am afraid you'd have to file a fresh case withdrawing the present one if you feel it is not going anywhere

Guest (Guest) 20 July 2012

Amending of petition at this advanced stage would not only alter the basic structure of the petition but also prejudice the wife. The same, therefore, in my opinion cannot be allowed. You have to file a fresh case.