Filling the divorce on multiple grounds
kmath
(Querist) 07 February 2019
This query is : Resolved
I need to file a divorce based on cruelty and desertion, if they find a lack of evidence in one ground, can they dismiss the
divorce petition?
in other words, if I file divorce on two grounds and if one ground does not have enough evidence will that be dismissed and I have to file a new petition on one ground like Desertion or cruelty?
Vijay Raj Mahajan
(Expert) 07 February 2019
Cruelty is one ground for divorce, but necessary that there has to be many acts of cruelty for granting divorce, even one act of cruelty can be good enough for allowing petition for divorce, but that one act of cruelty should be serious enough that resulted in breaking the marriage and living together as husband and wife not possible for the parties.
Similarly the ground of desertion is another ground for divorce, but the desertion has to be for 2 years or more by the respondent. The desertion has to be with intention to break marital relationship and for no sufficient reasons.
The Family Court require one ground enough to dissolve the marriage by decree of divorce but that one ground has to be serious enough to take this step. The issue is not only to give relief to the petitioner only but to see that no unjustified step taken against the respondent. Breaking a matrimonial home where not only husband and wife are part and parcel but their children who are common to both. The breaking of marriage means breaking the innocent hearts of children who want company of both father and mother, who have seen both together from the day they opened their eyes in this world.
There is breaking of two families which united the day son of one family and daughter of another family came together and united to form a new union thus united both families together.
All these considerations are in the mind of the presiding judge of the family court, to break a union is never a good step for any reasonable person but if circumstances exists that nothing else is possible that step is taken.
Dr J C Vashista
(Expert) 09 February 2019
Both the grounds are valid for grant of a decree of divorce depending upon the averments made there in the petition, although both (or either) of them is required to be proved with evidence.
What is the advise of your counsel, if you are a party ?
kmath
(Querist) 09 February 2019
i have evidences for both
Guest
(Expert) 09 February 2019
If your intention is Divorce convince the other side and file Mutual Consent Divorce which could be completed with in 6 month
