Can i apply for divorce?

To file a divorce suit it is mandatory provision of law that after one year of separation,you should file a divorce suit after two years of separation which you may have good grounds of desertion and cruelty.

change your lawyer soon.

I am sorry for writing my query in this thread which i am not owner of. since, my question is related so taking this opportunity. I hope bail498 will not be angry on me by interfaring in between.

my wife also left me 2 years back and took our only child away. we spoke only once in this while and that also she did on formality purpose to put wiered condition in order to come back to me which I did not accept.

i know that my case also falls under the category of desertion as suggest any another expert in another query. My question here is. If I am able to prove that my wife deserted me without any proper justification and cause then will she still be eligible for alimony or any maintenance? she has not filed any police case, or taken any legal action against me.

please guide..

You can file a divorce on the ground of desertion and cruelty.
 

498a,DV,Child custody,HMA 24 cases are applied by her.

ground of desertion is already destroyed by wife by filing HMA 24, 498a & DV.

so it will be just like filing the case of divorce and running to the court endlessly.

Dear Querist yes you can file a divorce petition if you want. feel free to cal

Fine print is WILFUL DESERTION:

1) U have to prove SHE deserted not U

2) It was her wilful desertion; she may anways tell -- u were so much cruel as she had to desert. U may think of n reasons she will put- why did she desert.

Court will take ages to decide on these 2 points.

What is the right time to apply for divorce.

WHEN YOU THINK YOU ARE READY.

You are not gonna get divorce unless you ask for it.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

After how much duration of living separately (in case when one spouce deserts the other) is condiser as desertion in Indian law? 

is it two years ? anybody, confirm please.

13.       Divorce

(1)       Any marriage solemnized, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by decree of divorce on the ground that the other party-

(i)                 1[has after the solemnized of the marriage, had voluntary s*xual inter course with any person other than his or her spouse; or

(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; or,]

If I am able to prove that I was deserted by my wife without any good reason. And, my wife abondened me just because she always wanted to live with her parents. IF I AM ABLE TO PROVE IT (which means if I am able to nullify all her false blames like cruelty/harrassment etc as told in earlier replies by experts). Let it take time. Then, will I still be required to provide her maintenance/alimony?

thanks

yes.

wife may allege that u were so much cruel towards her that she was compelled to stay away.

she can claim maint. u/s 24 + crpc 125.

c r u e l t y

small with vast implications.

Maintenance during the pendency of petition would be one thing, which would depend upon her and your earnings.

Maintenance post divorce would depend upon conduct of the parties.

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