tearer99@gmail.com (tearer99@gmail.com) 19 May 2011
wife wants divorce as hubby uses threatning/abusive language every time.
and her mother in law is causing trouble/
husband cut his wrists and proved his motive. now, divorce is pending in court due to new seperation rule.
husband is also not agreeing to sign the documents.
what can be done?
Thank you all legal experts who have helped me so far. if this question can be also answered i will be greatful
adv. rajeev ( rajoo ) (practicing advocate) 19 May 2011
no other way except leading her evidence.
Jamai Of Law (propra) 19 May 2011
new seperation rule?
Arup (UNEMPLOYED) 19 May 2011
HMA SEC 13. Divorce. (1) Any marriage solemnized, whether before or after the commencement of this Act, may, on a petition presented by either husband or the wife, be dissolved by a decree of divorce on the ground that the other party-
(ia) has, after the solemnization of the marriage, treated the petitioner with cruelty; or
(ib) has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition;
cruelty and desertation suitable for you.
threatning to commit sucide is cruelty.
Arup (UNEMPLOYED) 19 May 2011
you are talking about mcd. mcd possible where both the parties are agreed for divorce. it is not for you.
go on contest divorce on cruelty ground.
Ravinder Kumar (Account Director) 19 May 2011
@Arup Sir,
As mentioned above in HMA Sec 13Divorce (1) Any marriage solemnized, whether before or after the commencement of this Act, may, on a petition presented by either husband or the wife, be dissolved by a decree of divorce on the ground that the other party-
(ib) has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition;
Please guide if the above could be applied to a case where,
1. Wife deserts the husband and both stying separate for three years, however husband filed kept on meeting the wife at her parents residence for 1.5 years. Can husband file for divorce on the basis of above provision in HMA.
Ravinder Gupta (Advocate) 24 May 2011
Husband meeting with wife at her parents house and had relations means he has condoned act of the cruelty. for desertion 2 years are required. in this case the requirement is not fullfiled so husband cannot take desertion as ground but he can file petitioin on the ground of cruelty.
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