Hello Sirs/Madams, please help me in a Hindu marriage & divorce question. Basically, my question is related to how is the time period of two years running for desertion immediately before presentation of case is calculated? To make myself clear, this is the situation:
My wife left matrimonial home in April, 2015 without any resonable cause and started living at her parents home. I want to file a Petition for divorce in February, 2017 but I cannot take the ground of desertion and cruelty because two years of desertion are not complete. So, suppose I file on the grounds of cruelty only in February, 2017. But I withdraw this Petition before the Respondent wife was been given notice of case, with a Court permission to file appropriate Petition.
Then, I file a fresh Petition for divorce in May, 2017 on grounds of both desertion and cuelty.
Can I take the ground of desertion in the subsequent, May, 2017 petition saying that two years of desrtion are complete in April, 2017? Or does the desertion time stop running when I filed the first Petition, and starts running fresh when I withdraw the first Petition?
This is why I do not want to wait uptil April, May 2017, and file now, withdraw and file again in April, May 2017. Because a common friend of mine and wife told me that she is planning to file a false police complaint on me in February, 2017 when she is coming back to her parents home (right now out of India, friend tells me, I don't know directly). So if I file divorce after police complaint, she will say that my divorce case is because of reaction to police case and court may not take me seriously. So I want to file divorce before she file police case. And then, in police case also I may be able to say that false police case is reaction to divorce case.
Please give guidance. Thankyou.