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ABHISHEK B (Bekaaar)     28 July 2011

Need sc judgement

Hi,

I have heard, that there is a SC judgement, that divorce can be filed after 1 yr of desertion by spouse. How far is it true? If so, what is the ground for filing divorce after 1 yr desertion ?

Please share the judgement.

As per the bare act, section 13 (ib),

13. Divorce­ (1) Any marriage solemnized, whether before or after the commencement of the Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party­

(ib) has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition;



Learning

 1 Replies

GIRISH KUMAR, ADVOCATE (Lawyer)     30 July 2011

Dear Andy,

 

It depends upon case to case


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