Pl help in interpretation and understanding of this applicability
"Under Hindu Marriage Act, Special Marriage Act and Parsi Marriage and Divorce Act, The Divorce Acts, 1869-2001 (Section 19(1)(viii) of the amended act
Section 13(1A), Hindu Marriage Act, Section 32-A..... The provision lays down that either party to the marriage may presnt a petition for dissolution of marriage by a decree of divorce on the ground -----
(i) That there has been no resumption of cohabitation as between the parties to the marriage for a period of one year or upwards after the passing of a decree for judicial separation in a proceeding to which they were parties, or
(ii) that there has been no restitution of conjugal rights as bebetween the parties to the marriage ofr a pperiod of one year or upwards after the passing of a decree for restitution of conjugal rights in a proeeeding to which they were parties"
Ref: Family Law (ninth edition) by Dr Paras Diwan Chapter 13, Irretrievable Breakdown of Marriage, Pg 199
I am petitioner for divorce and my Case Details in brief and I am fighting without any hope for last 11+ years without any hope and meaning to this.
Married in Apr 2001 and applied for divorce and got rejected in Dec 2010 in lower court. THe decree has come against me and supporting for conjugal rights of respondent(female). For last 2+ years I have not followed the court direction and staying away from her.
Will above section can help in getting divorce? I have reapplead in HC and it yet to come for hearing.
