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mrgop (Owner)     04 May 2012

Annulment petition got dismissed after 3yrs; next?

Wife, the petitioner, filed for annulment on ground of husband's impotency.
Husband filed application for his potency test and denied all her allegations.
Then, wife didn't appear on dates and her annulment petition got dismissed.

Now, can husband file for divorce on ground of desertion as he lost three years for nothing?



If yes, will the above mentioned case history itself prove that the desertion is from her side and  due to her fault?
                                                 OR
Is it necessary that husband must again file application for his potency test to prove that the fault is at her side?







 



Learning

 3 Replies

JANAK RAJ VATSA (ADVOCATE)     04 May 2012

yes, the husband can file for divorce for desertion. no potency test required

Shantanu Wavhal (Worker)     04 May 2012

file divorce case.

grounds - desertion, cruel wild allegations of impotency.

the case previously filed by her would be useful for the husband.

 

 

Bbay HC (2010)

Making of the allegations and yet opposing divorce would mean a resolve to live in agony only to make the life miserable for both the parties.

 

… the moment such serious allegations are made in the written statement, it becomes clear that there is an irretrievable break down of the marriage.

manish (cdsdfasd sdf)     08 May 2012

perfect case for divorce under cruelty basis


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