Hindu marriage act section 13(1a)(ii)
Bhuvan
(Querist) 12 March 2015
This query is : Resolved
Hello Experts,
In Nov 2012, My wife filed under HMA section 9 and 24. In my Written statement i have clearly denied to live with her.
So Judge asked them to withdraw Section 9 and file new case for maintenance as i have denied to live with her.
My query is as Section 9 case was withdrawn, Can i file divorce under section 13(1A)(ii) which says following
"that there has been no restitution of conjugal rights as between the parties to the marriage for a period of one year or upwards after the passing of a decree for restitution of conjugal rights in a proceeding to which they were parties."
If not then is there any other way as we are not living together from Nov 2010
Bhuvan
(Querist) 12 March 2015
But I had denied to live with her, so then also can i file divorce on the ground of desertion.
Devajyoti Barman
(Expert) 13 March 2015
Desertion does not lie but divorce suit on cruelty lie irrespective of the status of section 9 case filed by her.
Dr J C Vashista
(Expert) 14 March 2015
I agree with expert advise of Mr. Devajyoti Barman.
However, even in the given circumstances, despite the fact the RCR u/s 9 HMA petition has been withdrawn, desertion is also to be included as one of the grounds for divorce since she (wife) has left (deserted) society of the husband and there was no chance of rejoining, consequently finding no alternative for the husband except to file a petition for restitution of his conjugal rights.
adv. rajeev ( rajoo )
(Expert) 12 March 2015
