Significance of time period of separation in contested divorce case
Lavneet Singh
(Querist) 29 May 2012
This query is : Resolved
Dear Experts,
I would like to know, in case of contested divorce case filed, how does the time period of separation matter?
Like, I've read / heard that two years separation is necessary to file a divorce case.
I want to file a contested divorce case against my wife. I've been living separately (in separate dwelling unit, but same city) since Jan 2011. Should I wait for completion of two years of separation or file right away?
The ground of my case would be 'mental cruelty' because of denial of sex for 7 years by my wife.
Please comment.
Thanks,
Yours truly,
Husband in stress due to wife.
ajay sethi
(Expert) 29 May 2012
1)section 10 of HMA requires that in case you desire to make an application for judicial separation on grounds that your wife has deserted you then you have to do it after period of 2 years .
after court passes an order for judicial separation then you can file for divorce after period of 1 year .
2) in your case you cna file for divorce as you have stayed separate for more than a year . denial of sex amounts to mental cruelty
Shonee Kapoor
(Expert) 29 May 2012
You can file a case in both sections. Cruelty and Desertion.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
