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Amendment or adding Desertion clause in Divorce Petition


29-Apr-2023 (In Divorce Law)
I have applied for Divorce after 1.5 years of separation on cruelty but stayed due to transfer petition by respondent as of now 2.5 years passed can I add Desertion clause to my petition .Thanks
Answers (2)

Answer #1
707 votes
if the proceedings are state by the high court where in the transfer application is pending then you cannot file application for amendment if it has been transferred to the concerned court then you have right to file the application for any other kind of assistance you can contact me
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Advocate Mohit Sadana

Adv. Mohit Sadana

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Answer #2
708 votes
Nope. You can’t add ground of desertion Bcus if you want to use ground of desertion then the petition itself have to be filed after two years of yours making efforts to get her back and when purposely she is not responding or coming back to join your company. Due to stay order and non decision of the case, desertion ground can’t be taken as plea in divorce case.
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Advocate Gurmeet Singh

Adv. Gurmeet Singh

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