matrimonial divorce desertion and cruelty
Dr. Shekhar
(Querist) 05 September 2015
This query is : Resolved
Sir if i filed on both grounds cruelty and desertion but in argument i am able to prove only one that is cruelty but no desertion as 2 years not ovee. Can the divorce be granted. Note the case is exparte
malipeddi jaggarao
(Expert) 06 September 2015
Instead of getting divorce you will land into legal problems that would be created by opposite party. Unless you explain what do you mean by cruelty what advice anybody can give you at this stage when the marriage is not even 2 years old? Getting divorce is not so easy as you think. Better strike reconciliation and rectify yourself if there are problems. If problems are from her side, involve the elders and try to settle the them amicably.
Dr. Shekhar
(Querist) 06 September 2015
Sir my question is that the though the divorce petetion was filed for cruelty and desertion. Now if I am able to prove only cruelty and not desertion then also can i get divorce.?? The other party has not responded at all until now.
Guest
(Expert) 06 September 2015
Have you asked this question to your own lawyer?
Dr. Shekhar
(Querist) 06 September 2015
lawyer is not sure. Request experts for their help and guidance in this matter
P. Venu
(Expert) 06 September 2015
Your profile suggests that the query is less than real.
Dr. Shekhar
(Querist) 06 September 2015
Respected sirs, Kindly reply and guide the legal position. I again explain the query to make it understand. Out of 2 grounds of divorce under which the petition is filed as mentioned u/s 13, if only one is proved, is it sufficient for divorce to be granted? or both should be proved?
Guest
(Expert) 06 September 2015
Hypothetical queries have no real solution.
The term "IF" i.e., supposition has no relevance for the purpose of opinion in any legal case. Only time can tell which trend that takes during trial. Only you know the fact and your wife. None else can suppose anything. All depends upon the smartness of the lawyer of any one party.
However, if you have a real problem and if your lawyer is not sure, change him.
Dr. Shekhar
(Querist) 06 September 2015
Respcted Sirs, Kindly reply my query and help the querist
Raj Kumar Makkad
(Expert) 06 September 2015
Yes is the sole reply to your query. However, there are various factors connected with the ground of cruelty. If this ground is well proved, no doubt divorce can be granted on this sole ground.
Dr. Shekhar
(Querist) 06 September 2015
Respected Shri Rak Kumar Makkad ji, Many many thanks to you sir. KIndly let know 1-2 factors atleast connected with grounds of cruelty which you mention in your reply.
J K Agrawal
(Expert) 06 September 2015
I go with Makkad sahib.
only proof of cruelty is sufficient for divorce.
But court may grant Judicial separation decree instead of divorce.
Secondly the definition of Cruelty is very tough. It is possible that what you think to be a cruel is not actually cruelty under law or in mind of a judge.
some time small things are cruelty where as some time a big cruelty is nothing in mind of a Judge.
Dr. Shekhar
(Querist) 06 September 2015
Sri Agrawal ji, In that case what about the other reason also of desertion mentioned in the same application which though at application filing was not 2 years but now its more than 2 years. Can I now under CPC or any other legal provision apply to now consider same application as for desertion now?
K.S.Srinivas
(Expert) 11 September 2015
Examples of acts that usually are considered to be cruel are:
1) Physical attacks upon a spouse
2) Constantly criticizing a spouse’s abilities as a homemaker, breadwinner, parent or spouse
3) Publicly flaunting a relationship with another person
4) Wrongfully accusing the other spouse of adulterous relations with another person
Dr. Shekhar
(Querist) 11 September 2015
Respcted Sirs, Kindly reply my query and help the querist
Guest
(Expert) 11 September 2015
Academic Query.
Guest
(Expert) 11 September 2015
Time Pass Query.
Guest
(Expert) 11 September 2015
8 queries Posted in 6 days
Dr. Shekhar
(Querist) 11 September 2015
Respcted Sirs, Kindly reply my query and help the querist
Guest
(Expert) 12 September 2015
Don't think professionals as your paid servants or slaves. Probably, you think professionals have time to waste on rendering tutorials for you on your vague academic queries and then expect them to reply your unending supplementary queries in continuation, when on one hand you don't have any real problem and on the other you arrogantly label them as unprofessionals and start altercations with them.
Better find some professional tutor by spending tution fee.
You may expect the professionals to help you only if you face any real problem of yours own in life.
Guest
(Expert) 12 September 2015
Mr.Rajinder Singh Author is an Accountant who had worked in many countries as per his Profile.In all his Queries he would raise the Query and would Finally Pronounce his judgement or Comments based on the Replies of Experts.It is His Time Pass Wasting the Genuine Efforts of Experts to Help the Real Genuine Querist.
Guest
(Expert) 12 September 2015
Time Pass Query.
Dr. Shekhar
(Querist) 12 September 2015
Respcted Sirs, Kindly reply my query and help the querist
Guest
(Expert) 12 September 2015
Time Pass Query/Comments of an Accountant.
