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please help me (just info)     11 March 2011

need devorce on base of Desertion is possibale or not ?

please advice on desertion .please give all deatil about it , it is very important . how can got devorce by desertion ?



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 6 Replies

Manikandan (Advocate)     11 March 2011

may i know the actual problem of yours so that i can help u out

Gopal Krishna Behera (Advocate Orissa High Court Cuttack.)     11 March 2011

The Hindu Marriage Act,1955

S.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 a decree on the ground that the other party-

(i-b) has deserted the petitoner for a continuous period of not less than two years immediately preceding the presentaation of the petition;

Gopal Krishna Behera (Advocate Orissa High Court Cuttack.)     11 March 2011

The Special Marriage Act,1954

S.27 Divorce - (1) Subject to the provisons of this Actand to the rules, made thereunder,  a petition for divorce may be presented to the District Court either by the husband or the wife on the ground that the other party -

(b) has deserted the petitoner for a continuous period of not less than two years immediately preceding the presentaation of the petition;

Arup (UNEMPLOYED)     11 March 2011

you have to fit your case according to the formula s 13(1)(ib) of hma or s 27 of sma as shown above.

megraj84 (just info)     15 March 2011

its very hard to understand by me that its all lawyers language so hard to understan me please tell me in normal laguage so its easy for me to that what u r say about it ..please .

Jamai Of Law (propra)     15 March 2011

Describe your case. Then it is possible to give you suggestions?

 

Desertion:- Willful abandonment of one's spouse or children or both without their
consent and with the intention of forsaking all legal obligations to them.  Deserting spouse is a guity party and deserted spouse is the victim/wronged party.

 

ONLY Wronged/victim party has a right to ask for divorce on the grounds of desertion, and if desertion period is 2 or more years.

Wronged/victim party may have to show or atleast narrate some efforts wherein that party tried/attempted to join back, but in vain, due guilty party's intensional/willful acts to foil co-habitation with intension to forsake the matrimonial obligation.

 

I believe this is sufficient information for your fit yourself, and take a decision where you fit in.


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