further course of action in marital case?

Question

what is the period of time for desertion to be granted for a divorce case to be filed.......does desertion mean only physically staying apart and contacting by phone , email etc or otherwise

Answer 1

Legally desertion means not indulging in sexual activities or maintaining conjugal relationship that too for at least 2 years continuously is a ground for either obtaining decree of judicial separation or divorce (as provided U/s 13(1b) of the Hindu Marriage Act,1955 has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition). The couple living under the same roof can also pray this ground of desertion if they can prove to the satisfaction of the court that there was no sexual relationship between them for 2 years or more thus amounting to desertion. In a matrimonial relationship conjugal relationship or sexual relationship is a must & if such relationship fails between the couple because of the respondent the court grants decree of divorce or judicial separation to the petitioner.

Answer 2

The minimum period envisaged is one year. If a couple is staying away from each other owing to exigencies of life/work, it does not come within the meaning of the term desertion, when two working spouses are posted to two different stations, but the decision to stay at two different places has been taken by them consciously. Desertion involves consciously denial of conjugal rights and company, after marriage, by one party to the other party.

Answer 3

If the court has ordered under section 10 of Hindu Marriage Act the period would be one year otherwise 2 years.

Answer 4

File it immideatly you do not have to look at the period - since once in the court due to the absolute slackness and currpot Judges and Lawyers your case will proceed for over a year that would make you illigible in all means for a Divorce.

Answer 5

Basic doubts regarding DIVORCE you have to consult a good Advocate and come to any conclusion This is not the place you Can get advices or court details. Pl, excuse me for this answer, The reason is it contains your life and your wife's life and also if you have children their life. I do not want say something without any idea about those things, Sorry Yours VRVRAO

Answer 6

So many people have answered it ! How come you didn't know ? Now a days everybody is more than eager to talk about , encourage and effect separations . Sad ! Very Sad ! I wish you could also tell what went wrong ! May be things can still be changed .

Answer 7

please refer www.siftimes.com