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sanjeev001 (executive)     06 September 2011

Can separation of one year due to job posting eligible for d

Dear sir,

              Can a separation of one year due to job posting outside the city of living be a ground for divorce, if husband and wife live separately due to this technical difficulty



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 9 Replies

Saurabh..V (Law Consultant)     06 September 2011

@Author

 

First you have to understand what is "Legal Seperation", and your answer would be in front of you already!

 

Such a seperation which actually seperates / discontinue "domestic relationship" shall be deemed to be as "Legal Seperation".

 

If husband and wife lived seperately and did not meet even once during one year yet continues to speak over phone daily and regularly, that would not be legal seperation. Similarly if the couple met even once during such period and spent quality time with each other during such meeting shall again viatiate the requirement of Legal Seperation.

 

Living away for the benefit of the future of the family cannot be construed as Legal Seperation unless there is willful distance created by the couple or one of them..

 

I hope I've answered your query aptly, though indirectly :-)

 

//peace

/Saurabh..V

Adv. Chandrasekhar (Advocate)     06 September 2011

NO.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     06 September 2011

Seperation of any no of years by mutual consent can not be any ground of filing divorce.

 

Desertion of 2 years and above is a ground for filing divorce

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Advocate M.Bhadra   06 September 2011

Separation is not ground for filing a divorce suit,desertion more than two years is a round for divoce.

Digvijay Singh (Advocate & Legal Consultant )     06 September 2011

This is common nowdays to live seperatly due to jobs but if she is not able to live with that then with mutual consent you both can go for it.

Avnish Kaur (Consultant)     07 September 2011

NO

Kiran (manager)     07 September 2011

@ Shonee Bhai,

1. If wife deserted her husband for more then 2 years and wants divorce , will she get easily . Husband still dont want to divorce her at all.

2. Finally if husband divorce his wife on basis of desertion from wife side, still wife will be eligeble for any maintenance.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     07 September 2011

1. If wife deserted her husband for more then 2 years and wants divorce , will she get easily . Husband still dont want to divorce her at all.

If wife deserted and she only wants divorce, she can not get it, HMA says that no party can take benefit of his/ her own worng.

 

2. Finally if husband divorce his wife on basis of desertion from wife side, still wife will be eligeble for any maintenance.

Maintenance is seperate from divorce. It depends on so many factors, one of the factors might be who is at fault. Both spouse can seek maintenance.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Kiran (manager)     07 September 2011

Thanks a Lot Shonee Bhai.

God Bless You


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