Desertion Under Hindu Marriage Act
Munish Kumar Garg
(Querist) 20 September 2009
This query is : Resolved
I am already engaged in this case on behalf of Male/ Husband Petitioner. The spouse with my client was married in 1999 and she was already effected with some serious diseases (Not the sexual one) and she did not tell my client about this fact at the time of marriage and even right now they are seperated from last 7 years. My case was still pending in the family court and the women/ respondent already accepted that we are not living jointly from last 3 years and not accepting the remaining period, as she made an allegation for not giving the divorce to my client is that we had not provide the medical treatment for curing her diseases.
So please tell me what i have to do in this case for getting the divorce.
Thanks in advanceriven
Kiran Kumar
(Expert) 20 September 2009
Mr. Garg u ll ve to controvert her allegations with a cogent proof that she was affected with the disease prior to marriage and this fact was not brought to the knowledge of the husband's family.....further on disclosure of fact of disease after marriage proper medical treatment was given to her (must ve the medical record)....u ll ve proove the disease is incurable and will affect the consumation of marriage.
as far as separation is concerned it has to be dealt with as per the situation, the availability of witnesses, telephone bill record etc.riven
Raj Kumar Makkad
(Expert) 20 September 2009
Munish ji the respondent has herself admitted separation of more than 3 years so no further evidence qua the period of 3 years is required to be brought. So far as divorce is concerned, it is difficult on the basis of any disease found in the respondent after marriage existing prior to marriage and deliberately suppressed. These days family courts are taking such matters seriously and you file petition under section 13 (1)(ia)mentioning therein all facts leading to cruelty, I hope the desired results shall definitely appear therein.riven
Sachin Bhatia
(Expert) 20 September 2009
Agreed with Mr. Raj Kumarriven
Bhumik Dave
(Expert) 21 September 2009
Mr. Mankad is right.riven
Munish Kumar Garg
(Querist) 21 September 2009
thanks for the suggestion and i will follow soon
riven
adv. rajeev ( rajoo )
(Expert) 21 September 2009
According sec 13(1)(ib) on the ground of desertion ur client can apply for the divorce Ur client's wife is living seperately from 3 years, she has admitted.
U/s 13(1)(iii) can also file a divorce petition. It says that Any marriage soleminized, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the gournd that the other party,- has been incurably of unsound mind, or has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner canno reasonably be expeced to live with the respondent..
But burden lies on your client to prove it.riven
vinjamuri ranga babu
(Expert) 21 September 2009
hello,
you can sort for divorce under the desertion since, she already admitted, so you can get the divorce easily.
vrriven
