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Can desertion be ground for divorce
27-Dec-2023 (In Divorce Law)
hi, I need some advice. We have given a complaint against my sister's inlaws and husband, regarding domestic violence. They have attended first counselling. We tactically made them accept what they have done. Then after, they didnt come for second counselling. People are saying to file the case and arrest them. Its been two months, my sister is living away from husband, with 1yr old baby. Their main motive of torturing her was for divorce. Point is she dont want divorce. She wants her husband and inlaws to learn a lesson and change. And no trust on just words by them, as they already cheated by words in two panchayats before elders. 1. If we file DVA, we can proove it. Can he file a divorce while DVA is in progress? How a contested divorse perfoms, if he files ? 2. If we dont file DVA, just wait for next counselling, say after 6 months or some time period, Can he file a divorce on the ground of desertion? how postpone divorce for 10 years, for baby's future sake.
Hi
1) Since you have already filed a Domestic violence case, your sister's husband might use the filing of case as a reason for divorce.
2) So you need to file a case under Restitution of conjugal rights so that even if your sister's husband files for divorce, the Restitution of conjugal rights case will stop him from proceeding with divorce case.
3) Also you should seek to amend your DVC complaint to include protection orders, Residence orders and compensation orders under DVC.
4) Also in order to ensure that your sister and the 1 month baby is financially secure during this turbulent period, you should also file a Maintenance case claiming maintenance for your sister and Child.
5) Filing a maintenance case will help you financially and will also cast a financial burden on the husband.
Hope this information is useful.
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Adv. Rajagopalan
Adv. Rajagopalan
Hyderabad | 25+ Answers
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Hi,
Don't hesitate to file a cases against husband if he is not willing to take your sister and baby in to his matrimonial fold. If you go on hesitating to do so more you are loosing chances to substantiate your case before court of law.
At present you have an option to file 498A case, DVC, Maintenance,RCR cases against husband.
Husband can file a divorce case on the ground of desertion, but husband has to substantiate his case that he was deserted by his wife with out any reasonable ground or by his consent. Court will never grant divorce if either of parties are not willing to give divorce provided that either of the parties cannot deserted other party without any reasonable ground or by consent, and your sister have to show her readyness to join the husband's matrimonial fold if the husband gave an undertaking that he would not make domestic violence against his wife and baby. A wife can stay away from her husband without giving divorce and can claim maintenance to her and her baby subject to some conditions and restrictions.
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Adv. Sai Krishna Reddy Challa
Adv. Sai Krishna Reddy Challa
Nellore | 25+ Answers
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Desertion is a ground for getting divorce under Hindu Marriage Act,
But it always to be proved depending on the factual circumstances of every case
For getting divorce on the ground of desertion, the desertion must be a continuous period of two years (uninterrupted period)
In ur case U may not bother about divorce, it is too difficult to get divorce to ur brother in law
My advice is better to settle the matter through mediation
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Adv. Basa Appala Reddy
Adv. Basa Appala Reddy
Visakhapatnam | 25+ Answers
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