Dr J C Vashista (Advocate) 19 August 2022
Move the court on the ground of "desertion" for a decree of divorce through a local prudent lawyer.
H.JanakiManohar Rao (lawyer) 19 August 2022
Advocate Bhartesh goyal (advocate) 19 August 2022
Yes,you may file divorce petition on ground of " desertion ".
manoj 20 August 2022
eswar rao 22 August 2022
Kailash Sahoo 24 August 2022
Dr J C Vashista (Advocate) 24 August 2022
No time or energy to go through and oblige.
Consult and engage a local prudent lawyer for professional advise and necessary proceeding.
T. Kalaiselvan, Advocate (Advocate) 12 May 2023
You have narrated a long story though it was repetitive, the solution for you is that you have to challenge her false cases properly in the court during trial proceedings and get them dismissed.
You can continue with your divorce case which is pending before court.
This divorce case will help you to get a proper solution for other cases if fought properly
Niharika Lohan 12 May 2023
Hi Kailash, I'm Niharika, a practising Advocate. I've read your query and here is my take on it. I hope it will be of use.
The Hindu Marriage Act, 2005 u/s.13 lays down grounds for Divorce. In your case, your spouse has deserted you/your matrimonial home for a period of 5 years. U/13 1 (ib), a spouse deserting the other spouse for a period of 2 years or more, makes it a ground for Divorce. Therefore, you can definitely go ahead and take desertion as a ground for divorce.
Additionally, you can also take the help of sec.13 1 (ia) which is cruelty as a ground for Divorce. As mentioned by you, your spouse deserted you, which implies that you had been estranged from their society and other matrimonial duties and obligations remained unfulfilled, which in law is cruelty. Cruelty doesn’t always necessarily has to be physical, it also covers the ambit of mental agony and harassment under its shade as mental cruelty.
So you can take either or both the above mentioned grounds as valid grounds for seeking Divorce.
In the case, you and your spouse amicably resolve the conflict then you both can also seek Divorce on Mutual consent under sec. 13 B of the same act.
I hope this information yields fruitful to you and in case you require further guidance, you can contact me via email at firstname.lastname@example.org