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Kavitha SG (Housework)     27 August 2015

Can anyone provide bombay high court citation?

Hello Experts...

Can anyone please provide a citation of Bombay High Court or Supreme Court for the dissmission of divorce petition based on premature filing of divorce petition under the ground of desertation...???

(If the desertion period is less than two years then the filing of divorce petition would be premature..then if there is any ciation of the Bombay High Court or Supreme Court  then please provide it...)

Thanks in advanced...



Learning

 2 Replies

Samir N (General Queries) (Business)     30 August 2015

The two years period of desertion is an unambiguous statutory requirement under Section 13 of the Hindu Marriage Act and therefore you do not really need a judgment in support. However, on quick googling, I found the following Bombay High court decision: https://indiankanoon.org/doc/139754952/ which sheds some light on the subject. Hope it helps.  You should note that if two years threshhold is not reached at the time of filing, it may reach during the course of the litigation by the time the Court holds arguments on the issue at which time your defense may or may not hold. You will need to research on this specific issue which may arise later...  

 

Sachin Agarwal (Learner in Law)     31 August 2015

courts are not very sticky on two years period.  press ur petition and prove 'dessertion'.  even a lesser time period would not invalidate it.  depends on how issues r presses.


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