Mandatory separation clause before filing divorce
ZAHEER HAMID KHAN
(Querist) 21 December 2017
This query is : Resolved
Dear Sir,
I want to file a divorce on the basis of Cruelty thus need to know more information on the separation clause before filing for divorce. I was staying away from my wife for 2 years and i have all the proofs to submit such as rent agreement copy, rent receipts etc very recently i have settled with my wife again after the discussion of two families. but there is no improvement in my wife even after the desertion of 2 years. Now i have enough evidence to prove the cruelty of my wife towards me and and my parents. Please note she is 4 month pregnant this time and from now on wards she demands that my parents will not be able to see my new born child as according to her they are cursed. My marriage is under Special Marriage Act.
Please help me to file a divorce petition on the basis of cruelty, need to know if I file it now will there be any repercussions or should i wait till the delivery and then file divorce petition.
Also need a face to face consultation with specialized expert in Divorce cases from the Men's corner. Please provide me the contact details to take it further.
Best Regards
Zak.
Vijay Raj Mahajan
(Expert) 21 December 2017
Ground for divorce available to you under the Special Marriage Act,1954 is of cruelty. The ground of desertion of 2 years or more will not apply to you as there was not complete 2 years desertion which broke in between when you started living together as husband and wife, even she got pregnant by the reunion.
The ground of cruelty doesn't need to be with 2 years separation.
Kumar Doab
(Expert) 21 December 2017
While the perspective of desertion is explained.
Would you like to discus the instances and perspectives of cruelty!
Dr J C Vashista
(Expert) 26 December 2017
You will have to seek professional services of a local lawyer for proper appreciation of facts, guidance and proceeding.
I agree with expert Mr. Mahajan, there is no need for 2 years separation in a divorce case on the ground of cruelty.
However, where is 2 years separation when your wife is stated to be 4 months pregnant?
