Legal Question in Family Law in India
I have been married since last 8 years. After 2 years of marriage, I left my husband's home on the grounds of quarrel, incompatibility of thoughts & his negligence towards me & my responsibilities. I was not in contact of my husband while I was at my mother's place for 3 years, in the same period, I fallen for another guy and got closer to him. However my husband came to know about this and I told him about my unwillingness to live with him as he deserted me. Then he started harassing me saying that if I dont live with him, he will let everyone know about my relationship with other guy. I started living with my husband again at his home because my mother insisted me to stay with him though I was not willing. But the harassment didn't stop & again I am back to my mother's home since last 1 year. He is not ready to give me divorce and harassing me everyday and does not pay any of my expenses.
Now if I file a petition for a divorce and if he sent a written statement stating about the relationship I had with other guy, will our marriage get dissolve without any further legal proceedings or will the court take the decision in my husband's favour & enforce the marriage obligation on me? What step I should take in order to end my marriage in such a situation?
Please provide your valuable advice.
2 Answers from Attorneys
Your have to wait for another 1 year , as the Section 13(1) (ib) of the Hindu Marriage Act prescibes that a party to a marriage should have been deserted for at least a continuous period 2 years for presenting a petition for divorce. .
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You started living with your husband again so desertion period will be counted from there acc to sec 13(1)ib desertion should be for continuous period of not less than 2 yrs immediately preceding the presentation of petition for divorce. earlier 3 years wont be counted .
If you want to dissolve this marriage and don't want to live with your husband no body can enforce you to do so.
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