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dev060186 (lecturer)     11 August 2015

Divorce under desertion case?

i have proof that she deserted me 3 times with no voilance? two in written and one video i made when she leave me with bags in hand. My question is that is such type of desertion is comes under cruelty. i applied for divorce and police refuses to register 498 n any case against me. Dear experts can i proceed case on merits n i dont want to give money to her as these all sort of matter is for money? she marry me only for money.


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 3 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     11 August 2015

  The burden of proof lies on husband. So husband has to submit strong evidence to prove that she deserted him and its not a case of constructive desertion from his side, and also put forth solid reasons for not taking her back.  Now that U applied for divorce fight it on merits. If U win, no maintainance for desertion by wife.

dev060186 (lecturer)     11 August 2015

Sir in this my case she insist that she will not come, n giving reason that we kill her if she come.

ANAMIKA VICHARE (LAWYER)     12 August 2015

You file for divorce - cruelty n desrtion if 2 yrs hv passed for separation

 


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