Divorce decree
God is there for good people
(Querist) 17 October 2012
This query is : Resolved
Dear Sir,
Me and my wife are on the verge of Divorce and are staying separately since Oct 2011. It’s a marriage of 14 years that we want to dissolve, due to irreconcilable differences.
Earlier she was willing to file the petition for Divorce Decree under mutual consent but now she is delaying and prolonging the affair, saying that she is not in a mental framework for the same. We had decided all the conditions for a mutual divorce together and agreed upon. All the investments were divided, joint properties sold off and the proceeds settled mutually, but now she is changing her stand on a daily basis.
I am aged 41 years and my family life, professional life, social life and financial life is in a total mess. I am unable to take any future decision for my settlement, due to this.
Kindly guide me on the matter that
“ On a separation of what duration does the Indian law allow any one of the parties to file a petition for Divorce ?”,
so that even if she does not co-operate, I can file the petition from my end.
Your valuable guidance awaited.
Regards,
Niikhil C. Shirgaonkar
(Expert) 17 October 2012
If you stay separate from each other without any communication for a total period of 2 years, then you can apply for divorce on the ground of Desertion. If it is not possible you can also file a petition on the ground of Cruelty caused to you due to her behavior and in turn hardship suffered by you in your social, professional, family and financial life.
V R SHROFF
(Expert) 17 October 2012
u r advised not to part with any property w/o first filing 13b , otherwise u will loose on both the ends. u shd not hv sold property before hand. Never depend on their words.
Arun Kumar Bhagat
(Expert) 11 November 2012
To invoke desertion ground, a period of two years separation is must as per the HM/Special Marriage Act.
