Legal Question in Family Law in India

Me and my wife have been having problems for the past three months and she has been away from me since then. While the issues were minor I while trying to patch, always messed up things which aggravated the issue. This is what I learnt as things were not working. I never wanted to divorce my wife. I will never divorce her. She talks about divorce whenever I talk to her. The recent law changes also scare me and she pulled up this point. My question is divorce is immediate only through mutual consent. While I will not sign the papers in my life when I am alive, I would want to confirm this line

"has deserted the petitioner for at least two years immediately preceding the presentation of the petition;"

The reason why I ask is because this indicates that I will be able to have time to sort out things and live with her happily. Please help me.


Asked on 4/04/12, 2:03 am

3 Answers from Attorneys

Aniruddha Pawse Aniruddha.P.Pawse Advocates

the line is related to ground of desertion on basis of which divorce can be filed by aggrieved party. Try to settle the matter amicably.

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Answered on 4/04/12, 2:14 am
Stalin Selvamani S & P Law Associates

You can file Restitution of Conjugal Rights Petition to that effect.

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Answered on 4/05/12, 1:40 am

dont worry, divorce is not so easy.

file case for restitution of conjugal rights.

Regards

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Answered on 4/05/12, 9:26 pm


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