R.kumar.bangalore (executive) 07 February 2012
Chaitanya_Lawyer_Mumbai (Lawyer) 07 February 2012
He should have got divorce after completion of 1 year of judicial separation.i.e.From the day of RCR decree in his favour(2008).
Had he mentioned above ground in divorce petition in 2010 or it was just on cruelty grounds?
R.kumar.bangalore (executive) 07 February 2012
Chaitanya_Lawyer_Mumbai (Lawyer) 07 February 2012
What you mean by separation ground? do you mean Judicial separation or desertion?
Both are separate grounds.
R.kumar.bangalore (executive) 07 February 2012
Chaitanya_Lawyer_Mumbai (Lawyer) 07 February 2012
Now file a fresh petition for divorce u/s 13-1A HMA for divorce on Judicial separation grounds.
No restitution of conjugation rights for over 1 year is the ground.Letters written for execution of RCR will be proof for you.It should have been done in 2010 itself.
(1A) | Either party to a marriage, whether solemnized before or after the commencement of this Act, may also present a petition for the dissolution of the marriage by a decree of divorce on the ground- |
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