One year seperation

Normally staying apart for 2 years is a ground for Divorce . Even if you are livingtogather under the same roof than too you can seek Divorce and what you need to prove under mental cruelties are 

- Not looking after / serving guests at matrimonial home or vice versa 

- Not looking after / serving relatives at matrimonial home or vice versa .

- Not looking after needs of husband as wife's duty or vice versa .

- Not cohabiting as husband and wife regularly (a marriage without s*x is anathema).

- Without consent of husband leaving home. (reflects deligency on part of husband not to know where wife leaves without consent of her hsuabnd every fortnight for 15 days if questioned by society that a couple keeps which is mental cruelty ground)


Witnesses are your friend(s) and relatives / family members for first two pointer and for last three pointers your cross examination under oath are sufficient

Hi Latha,

Yes you can file for divorce on the gound of noconsumation , but it has to be filed within one year from the date marriage

srishaila,bangalore,advocate,9741425514,sdharani120@gmail.com

I have question here,

If husband apply for divorce and wife demands 5 lacs alimony even they don't have kid and moreover husband earing 10k per month.  What will be the approach here? Is court consider husband earing and then decide alimony? 

This is simple way to trouble husband, how long such case run in court if wife won't negotiate?

Please advise

Thanks & Regards,

Amit wadhani

Hi Amit, 

She has to prove that demand, ie, why she needs 5 lakhs, Simply the court will not grant, what she ask.Before passing the order, the court will examine , payment capability of yours and then order.

srishaila,bangalore,advocate,9741425514,sdharani120@gmail.com

Thank you srishaila.  As you said court will examine, on what basis.. If the person is freelance worker and having dependent -(Mother/Father). What evidences are required to submit in court in that case?

Regards,

Amit

IF husband and wife separated for past 5 yrs, Is that consider a Divorce? What he need to do now? Please advise.

Thanks & Regards,

Such separation does not mean divorce at all. One has to obtain divorce on certain grounds from the court. Couples stay away from each other for YEARS 2GATHER, it may be their mutual understanding also.

For divorce on desrtion ground:

1) Min 2yr desrtion is required

2) Wilful

3) Without any obvious cause.

The party who is alleging this ground is responsible to PROVE IT, to obtain relief. Like other contested divorce cases, one based on this very ground also takes long tortous route to see light of the day