Salvation Seeker (Production Engineer) 27 May 2014

Divorce clarification

Filed divorce within 8 months of marriage on the grounds of cruelty, Separated from my wife for almost 24 months now and the case has been going for 19 months now with not much outcome...Just counter petitions by both the parties so far.

Pls. let me know if this this divorce petition maintainable ? Have been told that divorce filing before 12 months of marriage has high possibility of dismissal. My wife has never attended the court proceedings in the last 19 months

Just to stay safe, should I withdraw this petition and file a fresh petition to counter this 1 year clause. But this will be restart of my case and everything has to start from scratch.

Any alternatives, suggestion pls

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3 Replies

Adv. Chandrasekhar (Advocate) 28 May 2014

You have to move two applications, one for allowing your original petition within 12 months from the date of marriage, as already one year was passed since the marriage and the next application to amend your original petition to add another ground, i.e., desertion as on this date that two years have had passed since she left you, without any reasonable excuse.

ANAMIKA VICHARE (LAWYER) 28 May 2014

Pl ask your lawyer to send you thru email...1] Affidavit of final evidence 2] Consent terms if the ptn is oconverted 3] application stating the reason...Pl ddo no tgive false reason of medical as you are in the process of green card acquisition.. Get all three documents printed and get it affirmed thru Consultae of INdia and send acroos sback to yr lawyer who would submit the same to the Court alongwith cCase Laws Anamika Vichare Advocate, High Court, Famly Court, Bandra, Mumbai anamika _vichare@rediffmail.com for further confidential quries Mobile 9920764088 emergency only

Salvation Seeker (Production Engineer) 30 May 2014

Thanks Chandrasekhar Sir.

QQ...My advocate is saying that they will not be able to file application for allowing my original petition though 12 months has passed since the court always goes by the date when the petition was filed.

Not sure if this is right. Can you pls. guide.