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3 years of desertion is enough for divorce?
21-Aug-2023 (In Divorce Law)
I got married in March 2017 and in Oct 2017 she left home without any proper reason.
she did not come back after multiple try also. So I applied for Divorce in Sep 2018. Then she filled RCR in Mar 2019. She doesn't have any intention to come back but demanded money of 35 Lac to give me a divorce. then I withdraw my divorce and filed a memo in court stating I am ready to live with her in July 2019.
She refused to come back in the court itself and Judge send us to mediation. Then they came down to 10Lac settlement.. but I couldn't pay and I was ready for 5 Lac.
as the mediation was failed, I filled an IA to accept her RCR on Jan 2020, the intention was to give her some time and if she is not coming back, file the divorce petition on the grounds of desertion. But Due to corona, the case is delayed. is it still worth following the RCR? or should I file divorce directly? its been almost 3 years now. She is just ruining my life. Can they still demand money after 3 years desertion?
In this case, you just withdraw RCR petition and file divorce grounds of cruelty and deserts and say all facts about mental cruelty. Her main intention to crab money from you. I have a vast practice in that area you can seek my assistance in your matter.
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Adv. Raghuraman Balaji
Chennai | 500+ Answers
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you can file divorce on the ground of destruction as well as creality legal things which they have issued and they have not done that it clearly mental clarity the ground itself you can get divorce immediately some us the contestant ke not a right but maintenance is a right phulmoni both person should me Chali design
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Adv. Satish Kumar
Chennai | 500+ Answers
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4 years is the minimum time required to claim for divorce under the grounds of desertion. During that period, both parties should not have been in contact, and the whereabouts of the spouse should not have been known or informed vice-versa. Since your RCR has failed, you can file for a fresh HMOP / Divorce and take things forward. You can attach the mediation report and the petition copy, counter copy all into the case to make sure that you prove the court that you cannot live any further.
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Adv. Sathya Narayanan Subramanian
Coimbatore | 200+ Answers
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