Legal Question in Family Law in India
i have been seperated for 3 yrs, my husband wants a mutual divorce, i am not ready to divorce him. For the last three years, i have not attempted to talk to him or his family members, thinking he'll initiate the talk. now will this point hold good for the divorce. pl help and i am very confused about the whole issue. pl help
4 Answers from Attorneys
Though desertion is one of the ground for divorce, but your remedy was to file an application for restitution of your conjugal rights.
It can be taken as on ground in the form of desrrtion. But still you have time for consciliation. Talk to him and his family and try to resolve the problems. If not successful file Petition under Sec. 9
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file RCR case after issuing notice if you don't want divorce
in case you do not want divorce, he cannot obtain divorce by mutual consent. he may have to file divorce either on the ground of desertion or cruelty and it is difficult for a husband to prove both these grounds.