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R.kumar.bangalore (executive)     07 February 2012

Need solution divorce

Dear seniors, my friend got married at Chennai in the year 2004 .one and half year they were living without any problems.After the birth of his first child ,she stayed back her mother house and not came back and started making lot of problems.finally i friend has filed (2007)RCR and he got the judgement favor for him(2008).After given court order also, she is not reunited , my friend written lot of letters and met her personally no use. my friends mother in law involve all the matters, my friend shouted her,keeping in that, she is not allowing to live with her daughter to my friend and as well as not giving divorce,my friend filed divorce case in 2010, she is dragging the case , my friend unable to attend the case, the case is got dismissed.my friend got frustrated in life, he is very angry with his wife, he is telling he is going to beat her or kill her.please suggest a good solution for this matter, i am doing law second year. i want to help my friend and i want to solve the matter. i need your advise and help.


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 5 Replies

Chaitanya_Lawyer_Mumbai (Lawyer)     07 February 2012

He should have got divorce after completion of 1 year of judicial separation.i.e.From the day of RCR decree in his favour(2008).

Had he mentioned above ground in divorce petition in 2010 or it was just on cruelty grounds?

R.kumar.bangalore (executive)     07 February 2012

He had mentioned the ground for separation and mental cruelty. my friends wife family is well do to family, they are using money and power, to trouble my friend in all the way.

Chaitanya_Lawyer_Mumbai (Lawyer)     07 February 2012

What you mean by separation ground? do you mean Judicial separation or desertion?

Both are separate grounds.

R.kumar.bangalore (executive)     07 February 2012

Desertion ground only sir.

Chaitanya_Lawyer_Mumbai (Lawyer)     07 February 2012

Now file a fresh petition for divorce u/s 13-1A HMA for divorce on Judicial separation grounds.

No restitution of conjugation rights for over 1 year is the ground.Letters written for execution of RCR will be proof for you.It should have been done in 2010 itself.

 

(1A) Either party to a marriage, whether solemnized before or after the commencement of this Act, may also present a petition for the dissolution of the 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 between the parties to the marriage for a period of [one year] or upwards after the passing of a decree for restitution of conjugal rights in a proceeding to which they were parties.

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