Family divorce
Querist :
Anonymous
(Querist) 12 March 2010
This query is : Resolved
Sir,
If the husband is staying at her parents house and wife filed 498A and separated. Can wife claim divorce on the grounds of Cruelty and desertion.
Recently there was a Supreme Court Judgement regarding divorce on the grounds of desertion. "Spouse leaving the matrimonial home does not amount to desertion"
Please kindly tell me the judgement when it was delivered. When desertion is valid.
Thanking you,
V R SHROFF
(Expert) 06 February 2012
New Querist remember:: Anonymous query will not be replied:
Can't answer the query, sorry.
Please Identify yourself to avail our free service.
As the Query is very old, and not replied by anyone, I hereby reply it:
Even if Spouse living in the same house with husband can be divorced for desertion.
Desertion is state of mind, not place of residence.
