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Ground of divorce - desertion. What does 2 years desertion mean?


06-Oct-2023 (In Divorce Law)

What is the exact meaning of "Willfully deserting or abandoning the petitioner for a continuous period of two years prior to the filing for divorce in India." Does it mean Spouse has been deserted or abandoned for a continuous period of two years immediately after wedding or later. my question is Is it immediate after wedding or anytime after wedding, but should be two years prior to the filing for divorce petition? Kindly clear my this doubt.

Answers (2)

Answer #1
728 votes
2 years should be completed on the date of filing of divorce petition. For example if the petitioner is deserted on 30th October 2013, the petition can't be filed before 1st November 2015. Hope this helps you Fix up an appointment if you have any further questions .

Answer #2
657 votes
In explanation to sub-section (1) of Section 13, Hindu Marriage Act, Parliament has thus explained desertion: “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 willful neglect of the petitioner by the other party to marriage, and its grammatical variations and cognate expressions shall be construed accordingly.” Desertion can be immediately after marriage or anytime during of marriage.

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