Saroj Kumar (Student) 20 August 2013

Need suggestion on desertion

Hi all, We married before 2 and half year..Now we are separated since last two year.. After repeated request she did not joined with me... Now they are making some baseless allegation against me..So I want to get out from this relation.. I asked her for mutual divorce, that also they are not agree..I am in a great pressure, so I want to get out from this relation..

So can I apply divorce based on desertion.. But thing is that, with in the two year of our separation:

1. before 7 month she came to my parents house, basically her target to take all certificates all her belongings.. At that time I came down to my parents house from my job place and we stayed together for 7 days..at that time I tried to convince her about, our future relation and take care about her parents as well..But nothing worked positive and later I called to her parents.. But instead of convince by her parents, they quarrel and they took back her all belongings and certificates (later I came to know that all our quarrel matter, her parents recorded our voice)..

Now my query is that as in between our these two year separation, can she show that this 7 days we stayed together.. (but this period we did not stay like husband and wife, almost only quarrel)... So court can reject the two year separation?

How to show in court that this 7 days we did not stay at my home as husband and wife?

Please suggest me on this..

Please suggest me in this regard...

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8 Replies

(Guest)

Dear querist,

The meaning of desertion in marital Life :

When either husband or wife willingly leave the marital house and no contacts are there in terms of cohabitation for minimum period of 2 years then eithet of spouse is eligible to file divorce on the ground of Desertion read as sec 13 ib HMA 1955.

So if she had proof of living with you those 7 days then it can be hindrance in your divorce case based on desertion as respondent can easily cook her story of cohabitaion and point the finger straight on you that you were the person who again neglected and not cohabited by doing all this cruelities..

So your divorce case will be dragged and prolonged.

you can only pray to her that she don't have any evidences of cohabitaion or living happily under one roof for 7 days.

1 Like

Saroj Kumar (Student) 20 August 2013

Hi Sufferer,

Thank you for your kind suggestions.. Actually at that period she stayed with me.. but almost all time quarreled.. then after when they took all of her belongings, at that time I informed to higher police authority about this matter by written form.. So I can not hide this 7 days incoming matter to my parents house and staying together..

So in such case as in this two year separation period, she stayed for 7 days, so how it will go in case I will file divorce case?

adv.raghavan (Advocate,9444674980) 20 August 2013

u can file petition under sec 13(i)(ia) and (ib) of HMA 1955, for divorce under cruelty and desertion.

Saroj Kumar (Student) 21 August 2013

Hi Mr Raghavan,

So in such case as in this two year separation period, she stayed for 7 days, so how it will go in case I will file divorce case?

will it account that exact separation is not two year or what?

(Guest)

Wait for completion of two years from those 7 days then file for divorce

Adv k . mahesh (advocate) 21 August 2013

We married before 2 and half year

already 21/2 has passed and now you can file a divorce case without waiting for the days you are talking about

but why you want to wait for this long period i dont know

bharat babu (NA) 21 August 2013

@Hats off to Experts

As these 7 days was in between before 1 year, so in such case I should wait for another additional 1 year?

Can I tell that although she join with me for 7 days in between our separation of these two years,but those 2 days we did stay like husband and wife? where on the day-7 her parents came to my home and quarreled with my family and took all of her belongings..

In such case also they will count these 7 days?

Please suggest me on this?

Thank you..