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Case filed on the ground of desertion 2 years complete can I continue


11-Dec-2023 (In Family Law)

I submitted divorce application u/s 13 for mental cruelty and desertion. The case is proceeding ex parte and I am the petitioner. I filed all ex parte evidences also. The court decided that desertion is not proved. This is because actually when I filed petition the 2 years were not completed when my wife physically left me, although at the time of courts decision 2 years are over. Now can I continue this case against mental cruelty and again file a new application for desertion with today's date since 2 years are now over? Kindly guide.

Answers (3)

Answer #1
570 votes
well, one will have to go through the order of court still you can surely file the fresh case for divorce on the ground of desertion showing change in circumstances and cause of action or it would be barred by principal of Res- Judicata
Answer #2
883 votes
Yes you can continue with this case on ground of mental cruelty. Let the court proceed ex parte on the ground of mental cruelty and order ex parte divorce. You don't need to apply again on ground of desertion.
Answer #3
879 votes
As i understand from given few facts that parties to dispute are not staying together and/or there is no contact. wonder what evidence will prove the case of mental cruelty.
we need to have additional facts on record to provide practical legal solution.
There are changes in family for which we need to have valid reasons supported by evidence otherwise it can even back fire.

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