S D Mehta 03 May 2024

Divorce on basis of desertion while children's maintenance is ongoing

I separated from my husband in 2018.

Currently, there is case regarding children's maintenance is on going (children are the plaintiffs). My husband has also filed a case for division of residential property that we jointly own and I live in with the children. This case is also on going.

My question:

While these above mentioned cases are on going, can my husband file for divorce on the basis of desertion?

regards

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9 Replies

P. Venu (Advocate) 03 May 2024

Yes, he can.

1 Like

T. Kalaiselvan, Advocate (Advocate) 03 May 2024

Yes, there is restriction on him to file a divorce case simultaneously.

S D Mehta 03 May 2024

I stand to be corrected but the two responses above seem to contradict each other.

One answer - Yes, he can (file for divorce).

Second answer - There is restriction (he cannot file for divorce while the mentioned cases are ongoing).

Which is correct?

Or am I missing something?

T. Kalaiselvan, Advocate (Advocate) 03 May 2024

It was an oversight error.

The word 'no' was omitted in my post

I stand corrected.

I repeat that there's no repeat NO restrictions to file the proposed divorce case simultaneously

Inconvenience regretted

1 Like

Dr. J C Vashista (Advocate ) 04 May 2024

Both the cases are separate (different) and can be filed separately before appropriate jurisdictional court

1 Like

S D Mehta 04 May 2024

Originally posted by : T. Kalaiselvan, Advocate

It was an oversight error. The word 'no' was omitted in my post I stand corrected. I repeat that there's no repeat NO restrictions to file the proposed divorce case simultaneously Inconvenience regretted

Thanks for the clarification. 🙏