Divorce on the ground of deserting and cruelty am in oman what to do

790 votes

you have good ground of divorce you can send me you fir and other maintenc application filed by your wife without paper i can't give you legaly advice but as per your above statment it possible for filed

Advocate Bakul S Panchal LawRato

730 votes

Hi,

You can file Divorce in the concerned court.
Section 13(1) in The Hindu Marriage Act, 1955
(1) Any marriage solemnised, 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 of divorce on the ground that the other party—
[(i) has, after the solemnisation of the marriage, had voluntary sexual intercourse with any person other than his or her spouse; o
(ia) has, after the solemnisation of the marriage, treated the petitioner with cruelty; or]
(ib) has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition; or]
(ii) has ceased to be a Hindu by conversion to another religion; or
(iii) has been incurably of unsound mind, or has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent.
Explanation .—In this clause,—
(a) the expression “mental disorder” means mental illness, arrested or incomplete development of mind, psychopathic disorder or any other disorder or disability of mind and includes schizophrenia;
(b) the expression “psychopathic disorder” means a persistent disorder or disability of mind (whether or not including sub-normality of intelligence) which results in abnormally aggressive or seriously irresponsible conduct on the part of the other party, and whether or not it requires or is susceptible to medical treatment; or]
(iv) has been suffering from a virulent and incurable form of leprosy; or
(v) has been suffering from venereal disease in a communicable form; or
(vi) has renounced the world by entering any religious order; or
(vi) has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of it, had that party been alive;
Explanation. —In this sub-section, the expression “desertion” means the desertion of the petitioner by the other party to the marriage without reasonable cause and without the consent or against the wish of such party, and includes the wilful neglect of the petitioner by the other party to the marriage, and its grammatical variations and cognate expressions shall be construed accordingly.

Advocate Ramit Sehrawat LawRato

862 votes

you can file divorce on both the grounds i.e. desertion and cruelty. if you are able to prove the allegations in the court of law, court will grant you a decree of divorce. you need to be sure as to what ground you will be able to prove against her in the court

Advocate Narendra Ramnani LawRato