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Prashanth (self employed)     23 July 2009

Does this come under DESERTION

Dear members..

Actually, husband sent his wife to her parents home 49 days after marriage for the reason that she is suffering from mental disorder since 8yrs preior to the marriage, which was concealed by her parents at the time of marriage. Now....after 2yrs of their separation can husband file a petition on the ground 'Desertion' to get divorce decree..?



 3 Replies

Anjali (IT)     24 July 2009

when the marriage itself a question as the girl was not in sound mind  during wedding let alone the question of desertion...in fact you sent her out of your home, so it can't be desertion...just request the court to void/null your marriage as the girl got mental problem before/after  marriage

ritu bhadana (advocate)     24 July 2009

 anjali has given a correct opinion

Dharmesh Manjeshwar (Advocate/Lawyer)     24 July 2009

If the husband has made efforts to bring back the wife during the 2 years period of separation and the wife has refused to co-habit .... then u can claim it is desertion ...... U claim your wife suffers from mental disorder problems .... if this is true you can file application for nullity of marriage in the famlly court .... But it wll be necessary to prove her mental disorder condition

11. Nullity of marriage and divorce- Void marriages.- Any marriage solemnized after the commencement of this Act shall be null and void and may, on a petition presented by either party thereto, against the other party be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses (i), (iv) and (v), Section 5.

5. Condition for a Hindu Marriage.- A marriage may be solemnized between any two Hindus, if the following conditions are fulfilled, namely:

(i) neither party has a spouse living at the time of the marriage;

(ii) at the time of the marriage, neither party,-

(a) is incapable of giving a valid consent of it in consequence of unsoundness of mind; or

(b) though capable of giving a valid consent has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or

(c) has been subject to recurrent attacks of insanity or epilepsy;




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