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socially backward (Social worker)     26 December 2015

information on divorce

dear members, if husband and wife stays separately for five years following a 498a case,can it be a ground for divorce?the 498a case went in favour of the husband as the wife had decided not to pursue the case with desired emphasis.


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 3 Replies

A walk alone (-)     26 December 2015

Yes. Wining of 498a can be a ground for divorce. Read some HC & SC judgments related to it

socially backward (Social worker)     27 December 2015

thank you.but here ,the wife told that she will file for divorce citing her separate living for five years from her husband and marriage is irreconcilable !can it possibly be a ground for divorce?kindly advise with relevant acts and rules.thanks again in advance.

A walk alone (-)     27 December 2015

I think she can file on the basis of desertion ( if you desert her)and cruelty. Desertion of continues two or more then two can be ground of divorce

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