Dear Experts,
Can my wife eligible for DIVORCE !!!!!!
I was Married in January 2013 and my wife given birth to baby boy in October- 13 (premature baby in 7th Month). She left metrimonial home in November- 13, Parlerly her parents presurised me for mutul divorce by given false 498-a complaints to the authorities.
As her father forcebly taken costody of child in presure i was given my consent for mutual 13-b and filed joint pettition in March -14 (without compliting 1 year of sepration) with recovery of all dowery articles as well as custody of minor child was given to me (Father) by the society as she and her parents was not willing to take the child. On 2nd Motion i was backed out by saying that " I WAS MADE 1ST STATEMENT UNDER PRESURE OF RELATIVES / SOCIETIES" and withdrawn my consent for mutual divorce.
After 2nd Motion she filled case under section 13- HMA and Section 12,18,19 in DV Act. In DV Act, Considering the countinously medical illness of premature child, Interim Maintenance was declined by the Trail Court as the child was very week and Surgeries are suggested by the Doctors. Trial Court has also stated that Liablities on Husband is higher more as he is taking care of minor child at this stage.
My Question is that since parties are not complie with compulsory provision of the act as "They have been living separately for a period of one year or more", Can wife eligible for divorce under section 13 as in passed we filled joint pettition under 13-b together.
Waiting for your valuable inputs. Please stay connected with me on Kuldeep.dpm@gmail.com or 08295909504.
Regards
Pardeep
