Legal Question in Family Law in India

Initiation Time of Divorce By Husband on Desertion By Wife

�Marriage Registration Date Mid- June 2011 (Special Marriage Act)

�Social Marriage Date Mid- Dec 2011

�Ever since marriage the girl (working lady) very often visited her father�s place. The girl repeatedly started quarreling with boy and in-laws without any grounds.

�She left boy�s place once in end-Mar-12 .However boy and boy�s mother took her back through persuasion within 3 days.

�She again left boy�s place once in end-May-12. Boy and family tried for several persuasions (both written & in person efforts) for reconciliation. Results are in vain till date.

�Meanwhile in mid-July just for once, intimated the boy of her plans to proceed for a mutual divorce ,but no further written /verbal proposal came from girl.

Question is : Can the boy initiate a case of divorce ( not mutual) on the basis of desertion & cruelty by wife, NOW ITSELF. If not, what is the minimum timeframe after which, the boy can initiate the divorce case on the grounds mentioned above(Last Date of Cohabitation: end-May 12)


Asked on 8/26/12, 8:13 am

1 Answer from Attorneys
Aniruddha Pawse Aniruddha.P.Pawse Advocates

desertion will not apply but petition can be filed on ground of cruelty. I would still recommend to ask for mutual consent divorce before proceeding for contested divorce.

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Answered on 8/27/12, 4:47 am


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