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desertion & law

(Querist) 06 September 2010 This query is : Resolved 
if a lady lives 6 month with her husband &lives 1.5 year with her parents without consent of her husband &doing this repeatedly .as per law desertion period 2 yr is required filing a divorce case.the law has given liberty to a lady live any where upto 2 year,your husband can not do any thing.IS I AM CORRECT?
what one should do,to take divorce in such a condition as it is very difficult for man to prove cruelty by ladies
pravir singh (Expert) 06 September 2010
you are correct as per law desertion period 2 year is required filing a divorce petition you should file case on basis of cruelty you can prove it by lead the evidence in case please see the A.I.R. 1985 Delhi page 221
Devajyoti Barman (Expert) 06 September 2010
If you want to rely on desertion then at least you have mention in the pleading the period of years of separation irrespective of the reality.
Lastly it is not right that cruelty against the wife is difficult to prove. If there is a ground for such then consult a good lawyer on this subject.
Uma parameswaran (Expert) 06 September 2010
I am also having the same veiw as above.


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