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Author Topic: Desertion period for Divorce.  (Read 338 times)

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Offline Dinesh Khadtare

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Desertion period for Divorce.
« on: September 14, 2016, 08:54:45 PM »
What is desertion period for divorce. Earlier it was 2 years. But I have heard a man can file divorce case after 6 months separation.
If it is true, when did this come in to force?
I have filed divorce case on the grounds of desertion and cruelty on 15th September 2014. My wife is being separated from 15th April 2013.

In my divorce application, my lawyer has mentioned that wife is living seperate from February 2012 for the sake of desertion ground. And now when the case hearing is going on, the same lawyer is saying that I am gonna loose case due to desertion period is not of 2 years??

If there are any amendments in Hindu marriage act, please let me know..

Thanks & Regards,

Dinesh Khadtare.

Offline advjaibansal

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Re: Desertion period for Divorce.
« Reply #1 on: September 15, 2016, 04:55:57 AM »
Dear Sir,

The period of desertion for taking divorce on the grounds of desertion is still two years and not changed. Even if desertion is not made out, please tell your lawyer to concentrate on the grounds of cruelty as ground for divorce and try to win the case. Don't press desertion or emphasise on desertion too much if period is not complete.

jai bansal
Advocate, New Delhi
Supreme Court of India
mobile: 09868566649

Offline adv.amarnath

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Re: Desertion period for Divorce.
« Reply #2 on: October 05, 2016, 12:22:24 AM »
It is true that petition for divorce case under the ground of Desertion it is compulsory to wait for next two year from the date of desertion

Amarnath Sanyal
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