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sanjeev pawar (service)     24 April 2012

For how long should desertion take place to call it a desert

dear members, in the eyes of law, for how long should a desertion take place. i.e. what should be the miminum time period of either of a spouse to stay apart to call it a 'desertion' in the eyes of law. also , in case of 'animus deserandi' i.e. spouses staying together under the same roof, but not having good relations, how can this be proved in the eyes of the law, especially if only two of them are staying together, and one of the spouse accuses of desertion even when staying together under the same roof, how is this proved in the court?..............thanks



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 4 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     24 April 2012

Dear Querist As per the section 13 of the Hindu Marriage act, 1955 1[(ib) has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition; or]

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     26 April 2012

2 CONTINEOUS YEARS FOR FILINF dIVORCE pETITION. 

 

yES, DESERTION AN BE PROVED, IF NO CXOHABITATION, NOT ON TALKING TERMS, NO H-W RELATIONSHIP, AND NOT MOVING AROUND IN SOCIETY TOGATHER AS H-W. NO ISSUE. ETC 

JANAK RAJ VATSA (ADVOCATE)     29 April 2012

physical separation of 2 years. under the same roof, no cohabitation, not on talking terms, not seen together in society, no relation as husband and wife and so on.


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