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Divorce based on Desertion
04-May-2023 (In Family Law)
How can I get divorce if husband NRI (USA non immigrant visa) and I am in India?We have stayed to gather only 7 days after marriage.. it has been 4 year to go we did not met each other yet and living separably. Guy doesn't want me any more cause he has affair in USA. In that case if i will file Section 13(1) of the Hindu Marriage Act. Can I will get divorce under Desertion. I have read in your blog that for mutual divorce under 13B we have to provide Evidence relating to the failed attempts of reconciliation however we had never live to gather I do not want to lie to court that we have tried to save marriage so in this case court may denied to give divorce decree or extend to few more months to give change to save marriage?? I want only amount of wedding expenses (100% expense done by my parents only) from guy's family and I do not want single INR or USD as alimony so this wedding expenses come under alimony, under lost recovery or something else ?
Hi, you can get the divorce on the ground of desertion. For 13 b if mutual there is nothing as such telling lie to the court. The court will see that you and your husband is consented for divorce. I would advise you file a mutual consent or petition on the ground of desertion, if your failed to appear in the court the court will proceed ex- partee. And you can get divorce.
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Adv. Rajiv Rajpurohit
Ahmedabad | 100+ Answers
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you will get divorce by applying in family court. you have not disclosed what is a stand of your husband. if he is ready for mutual divorce and ready to give you money then it will be more easier. if not then also there is a ways. file divorce and maintenance. contact to discuss other ways.
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Adv. Nirmit Pathak
Ahmedabad | 100+ Answers
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You can file divorce petition both ways I.e. u/s 13(1) on the ground of desertion and 13B by mutual consent. For mutual consent both the parties are required and it will be over within short period. Otherwise u/s 13 (1) it may take some more time. Other things are not much relevant
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Adv. Narendra Ramnani
Ahmedabad | 100+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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