Clarification on grounds for filing divorce
Answers (4)
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Dear sir,
You can take divorce as under section 13 of HMA on the following grounds-
Adultery, cruelty,desertion for atleast 2 yrs, venereal /communicable disease, unsound mind, leprosy, conversion to other religion, renunciation or not being heard alive for atleast 7 yrs.
I think you may apply on grounds of cruelty currently as she has withdrawn from your society and in desertion after 2yrs.
You can file RCR first and then divorce if it fails.
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You have a remedy to file a suit for dissolution of marriage and obtain a decree from family court.
You have to mention the grounds before the court for that very purpose.
Wherefore stating therein all the grounds you may file a suit gor dissolution of marriage under section 13 hindu marriage act,(if governed by hundu law)
Court shall issue notice to opposite party (wife) and thereafter proceedings shall commence.
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