Divorce - Dessertion
kiran
(Querist) 22 October 2010
This query is : Resolved
Hi All,
My wife desserted me around march-2006.
However, she filed 498A case on Nov-2010.
I would like to know.
1. Will the Dessertion period start from the day she left or will it be from the date she filed 498A.
2. If it is from Mar-2006, then Dessertion period will be 5 years in March 2011, will this be strong enough to grant/seek divorce. currently my case is in interrogation state.
2. After seeking divorce, can I get my passport back, which was deposited in 498A case. The actual ground of seeking divorce is cruelty.
Any suggestions are invited.
Thanks and Regards,
Kiran.
Devajyoti Barman
(Expert) 22 October 2010
1. From the day she left you.
2.The time period is not the matter to be considered for the merit of the case. The factum and the animus of desertion is to be proved not the time period.
3.Getting back the passport does not depend upon the divorce case. You can pray for its return back even forthwith.
kiran
(Querist) 25 October 2010
Thanks for ur replies.
Another thing I would like to know is...
1. Is there a law that After 7 years of desertion, court would give/support my second marriage.
2. Is it also that after 7 years ..498a case will be void.
