Need good judgments to prove desertion
Naresh
(Querist) 05 March 2012
This query is : Resolved
Dear Experts,
I (husband) filed divorce u/s 13(1)(ia) (ib) on cruelty and desertion grounds. I need relevant judgments, which I can use to support my case. Below I am giving the circumstances of my case.
(1) I filed divorce due to non-cooperation for consummation of the marriage and wife is not interested to lead marital life with husband. The duration b/w final separation and divorce case is 1 1/2 years. But by then marriage happened b4 3 years ago till separation happened.
(2) Wife claimed in her counter, husband is impotent and due to his impotency consummation not happened.
(3) medical board found husband potent.
In the above circumstances, I need good judgments to prove desertion happened though the 2 years period is not completed b4 filing the divorce notice after final separation. But I read somewhere that physical separation alone strictly is not required, even if wilful neglect of wife is sufficient (in the above situation any way wife herself saying non-consummation due to husband impotency, but medical board not found impotency) to prove desertion. So, I request the experts, please share with me, if you have any good judgments supporting the above circumstances.
Regards
V R SHROFF
(Expert) 05 March 2012
WHEN HUSBAND PROVED POTENT , NO MORE PROOF REQD
Even if you reside under the same roof, but not performing your duty as husband-wife, it is cruelty as well as desertion. You insist from day 1 of marriage, desertion started . So desertion is 3 yrs.
Wife supported your claim of no consummation , it fvr u.
As you are jobless, hope you have sufficient time to search relevant judgement by going thru kanoonindia.com judgments. Also share your search to benefit others.
Deepak Nair
(Expert) 05 March 2012
Well advised by Shroff Sir.
Dear Shroff Sir,
the site is www.indiakanoon.com
V R SHROFF
(Expert) 05 March 2012
Kanoon India
This site is an official website of Legal Studies and Research Centre,Dhule, having its headquarter at Dhule, in the State of Maharashtra. We are small group of lawyers, interested in legal studies and research in various branches of law. The findings of our studies would be periodically published on this website. We are also engaged in preparing notes on recent judgments of Supreme court of India, High Courts and tribunals and new legislation which shall be freely available to our visitors. We welcome the comments of our readers on the articles published here. Readers may ask us questions and send their query on various legal issues, which shall receive response from our experts. We would not entertain any communication seeking legal consultation or advice. Readers or visitors may understand we are not intended to create any lawyer -client relationship trough this site. Our object is to disseminate legal information and latest developments in legal field and nothing more.
A. A. JOSE
(Expert) 05 March 2012
A commendable venture indeed Shroff ji. Best wishes.
Deepak Nair
(Expert) 05 March 2012
Shroff Sir,
Thanks for this update. I was really unaware of the same.
Shonee Kapoor
(Expert) 05 March 2012
Search on www.indiankanoon.org for judgments favoring your case.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
