Dear All,
Pls suggest
Husband has left the house in Feb 2011 and was living away from his wife and children without any reasonable cause. Later in the same month he files a divorce petition on ground of cruelty can the husband be entitled to judicial separation or divorce?
However, isn't that the desertion should be for a continuous period of not less than two years, immediately preceding the presentation of the petition for grant of judicial separation or divorce.
Can this be a preliminary objection, as divorce petition is filed prior to expiry of 2 yrs and can the petition be dismissed on the preliminary objection itself.
Will be thankful for guidance.
Ritu
