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Ritu Kalia (Lawyer)     24 November 2011

Divorce petition limitation


Dear All, 

Pls suggest 

Husband has left the house in Feb 2011 and was living away from his wife and children without any reasonable cause. Later in the same month he files a divorce petition on ground of cruelty can the husband be entitled to judicial separation or divorce? 

However, isn't that the desertion should be for a continuous period of not less than two years, immediately preceding the presentation of the petition for grant of judicial separation or divorce. 

Can this be a preliminary objection, as divorce petition is filed prior to expiry of 2 yrs and can the petition be dismissed on the preliminary objection itself.

Will be thankful for guidance.






 10 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     24 November 2011

The divorce is filed on the ground of CRUELITY how come DESERTION comes in the picture?


Are you a lawyer yourself?




Shonee Kapoor

Dharmesh Manjeshwar (Advocate/Lawyer)     24 November 2011

Rightly questioned by Mr. Shonee .......... divorce petition is on the grounds of cruelty and not on grounds of desertion ( wherein 2 years period is required )

Husband will be entitled to divorce / judicial separation if the grounds of cruelty are proved by him before the court ......

rajiv_lodha (zz)     24 November 2011

Meanwhile, how JUDCIAL SEPARATION thing works?

As in this question hubby is seeking divorce on cruelty grounds, how come "judicial separation" when he has not prayed?

Or is it so as "judicial separation" is sought in between the divorce proceedings!

Plz enlighten somebody more about Judicial Separation

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     29 November 2011

JS can be granted by court Suo-motto as an alternate relief, even if not prayed in Divorce Petition.





Shonee Kapoor


1 Like

rajiv_lodha (zz)     30 November 2011


U mean 2 say, if divorce cud nt b granted due to lack of "cruelty proof", court may give u JS?

Moreover, is there any way to divorce through JS?

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     02 December 2011

After one year of JS Decree, it can be converted into Divorce, if no cohabitation has occured.





Shonee Kapoor


rajiv_lodha (zz)     05 December 2011

This is much less discussed route here. Plz help everybody to understand. Is it rite:

Even if court does not buy ur cruelty ground to seek divorce, ur lawyer shud ask 4 JS at last-----> Live separately for 1 year more-----> apply for divorce again?

Where is the catch. Is it reliable route? Pitfalls? Do u think,it may be successful?

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     06 December 2011

Rajiv Lodha,


The courts can pass JS w/o application if a petition for divorce is presented.



Shonee Kapoor

Srinivas Yeni (worker)     06 December 2011

can we just file for JS with out the divorce petition? 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     06 December 2011

Yes, we can.

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