• Divorce

Sir,
honestly,with due respect, I, Rameswar Maity marrage on 12/12/2013. my wife does not share with me. her parent marriage her by force (i.e. her unwilling) with me. she tells me only once. she goes her father house several times within 5 months. After 11.05.2014 she goes her father house and does not come back. my family (I and only my mother) do not misbehave with her. After she filed 498A /323 on 06.04.2015. also filed 125 cr.p.c. on 09.12.2015., interim maintenance is ordered. both cases are in trail. also I filed a mat suit (u/s -13 of hindu marriage act) on 06.04.2016 on the ground of desertion and misbehave. my question is that 
1) what is the time period of desertion?
2) may i get divorce?
3) if she does not agree, what will be the case status?
4) if divorce is not made , what i have to do?
Asked 7 years ago in Family Law
Religion: Hindu

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5 Answers

wife needs to have deserted the petitioner for a continuous that is to say, uninterrupted period of not less than 2 years immediately after which petition is presented.

2)if you are able to prove your case you would get divorce

3) if wife refuses to agree for divorce you have to prove allegations made in divorce petition

4)contested divorce cases take 5 years to be disposed of

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

Dear Querist

My opinion on your queries are as under:-

1) what is the time period of desertion?

Opinion: Two Years continuous without any break.

2) may i get divorce?

Opinion: May be possible, if you proved your case before the court.

3) if she does not agree, what will be the case status?

Opinion: Contested divorce case.

4) if divorce is not made , what i have to do?

Opinion: you have right to file an appeal before the High Court against the rejection of divorce order passed by the Family Court.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

1. The period of desertion should be two years or more.

2. It depends on how properly you prosecute the case and put forth the merits in your case with supporting documentary evidences and strong arguments in your favor.

3. It is contest case, so you contest the same properly.

4. You can prefer an appeal before the high court against the judgment which is against you.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

1. 2 YEARS IS TIME TIME OF DESERTION WHICH DID NOT HAPPEN AT THE TIME WHEN YOU FILED THE DIVORCe divorce.

2. If you have taken the plea of mental cruelty and prove the allegations then you may get divorce.

3. if she does not agree which is most likely you will have to prove the allegations to get divorce.

4. if divorce is not granted then file appeal in high court and then supreme court.

Devajyoti Barman
Advocate, Kolkata
22917 Answers
497 Consultations

5.0 on 5.0

1. You can file the divorce suit on the ground of desertion after her staying away from you for a continuous period of two years. However, you can file the divorce suit on the ground of cruelty after completion of one year of marriage.

2. You may get decree of divorce if you can establish your allegations against her properly before the Court.

3. It hardly matters if she does not agree. She will contest the case in the Court and the Judge will either pass decree of dismiss the suit after hearing both the parties.

4. You should give maximum concentration in attending the hearings of the divorce suit and should not allow any lapses on the part of the lawyer. You can also negotiate with your wife for agreeing to a term for jointly filing a mutual consent divorce petition which will be disposed of within 6 & 1/2 months from the date of its filing.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

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