family
4 years ago
dear sir, wife deserted husband for last 15 years.both are in govt. service .wife neglected all customs,ceremonies, even at the time of death of her father in law and mother in law,she did not come however husband made many efforts for her coming.now husband wants to file divorce case not rcr.can he get divorce on the basis of desertion? please advise.
A.Dear Client,
Yes, You can file for Divorce under following sections:-
Section 13 of the Hindu Marriage Act, 1955 - Divorce and Grounds of Divorce.
Section 13 (1) Any marriage solemnized, whether before or after the commencement of the Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party-
(ia) has, after the solemnization of the marriage, treated the petitioner with cruelty; or
(ib) has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition.
Yes, You can file for Divorce under following sections:-
Section 13 of the Hindu Marriage Act, 1955 - Divorce and Grounds of Divorce.
Section 13 (1) Any marriage solemnized, whether before or after the commencement of the Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party-
(ia) has, after the solemnization of the marriage, treated the petitioner with cruelty; or
(ib) has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition.
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Randheer Bahadur
Responded 4 years ago
A.Desertion, cruelty etc.
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A.Dear Sir,
Yes, you can file divorce under following section.
==========================================================================
Section 13 in The Hindu Marriage Act, 1955
13 Divorce. —
(1) Any marriage solemnised, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party—
[(ib) has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition; or]
Yes, you can file divorce under following section.
==========================================================================
Section 13 in The Hindu Marriage Act, 1955
13 Divorce. —
(1) Any marriage solemnised, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party—
[(ib) has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition; or]
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Sanjay Kumar Jha
Responded 4 years ago
A.Dear client,
Yes, he can. But why after 15yrs. This could have been just after 2yrs as per HM Act. It would be better to get Mutual Divorce, rather simple divorce. For further any legal advise, you may consult on given cellphone.
Yes, he can. But why after 15yrs. This could have been just after 2yrs as per HM Act. It would be better to get Mutual Divorce, rather simple divorce. For further any legal advise, you may consult on given cellphone.
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