Divorce petiion
Querist :
Anonymous
(Querist) 06 September 2024
This query is : Resolved
Hello all respected learned
wife admitted case under section 125 of crpc against husband and from the date of filling the said case she used to live separate from her husband (this duration is approximately 3 years) meanwhile husband and wife entered in compromise by the mutual consent with the permission of the court and started to live with each other on the said condition that if wife wish she will withdraw her case after the one week (next date of hearing ) but when she came before the court after one week she returned at her home of parents saying that harassment is same to same and not interested to live with husband and deserted her husband
after the said incident husband lodged suit for dissolution of marriage under section 13 1 i and other section and for the oppose suit of the husband from the wife side an application came to dismiss suit because she lived for one week hence it is the bar of limitation to file marriage petition
so please refer any judgment in same type case court held that when for compromise basis wife lived with her husband for one week it does not come to perview of constant marriage life
T. Kalaiselvan, Advocate
(Expert) 06 September 2024
If they resumed the married life once again and that didn't last long, even then it can be considered to be living together and the desertion will start afresh after the latest separation.
