Judgment other than the mentioned ground
Querist :
Anonymous
(Querist) 11 March 2010
This query is : Resolved
Dear Expert members,
I have filed for divorce against my wife on the grounds of cruelity but I dont have any proofs of the same. In the same petition, I have also mentioned that we are staying apart from more than 2 years but I have taken this as the ground of divorce. So in this case when the cruelity ground is not proved and the dessetion is proved, can I get divorce on the basis of facts described on dessertion - pls note that I have not mentioned dessertion as the ground , so can judge give the decree on dessertion though I have not given it as ground?
Thank you?
Querist :
Anonymous
(Querist) 11 March 2010
sorry in the second line '' but I have taken this as ground'' , it should be I have not taken dessertion as ground for divorce though I have described in the petition that we are staying separate
Raj Kumar Makkad
(Expert) 11 March 2010
If no ground exists therein why have you filed this petition?
It is not easy to obtain decree of divorce of desertion so easy as you are talking or taking here in the quarry.
Querist :
Anonymous
(Querist) 11 March 2010
Dear Raj Makkad sir,
I think my query a bit confused you. What I want to say is for getting divorce I have mentioned the ground as cruelity but I do not think it can be proved but at the same time I have said that I am staying apart from more than 2 years. Now my question is ground for div is cruelity but judge has noticed the dessertion and if my wife also admits it so can he give me decree seeing dessertion or still will he see that the mentioned ground cruelity is not proved so no divorce even though we are separated for more than 2 years?
