Divorce cancelled can desertion period be waved off on cruelty

My cousin brother was married in Dec 2013 but after marriage his wife doesn't allow to have sexual relationship and in necessarily started calling him impotant. &Within 15 days she left her matrimonial home.My brother filled divorce on ground of cutely & desertion after one year of marriage in which the wife asked for impotancy test of my cousin brother in which it reported as my brother was not impotant.the divorce has been rejected on the ground that desertion period of 2 yrs not completed. Can this period of two yrs be waived as there is no husband & wife relationship &so so also the curelty is proved?

Answers (2)

294 votes

Dear client, your brother's wife the allegation what she made on him of impotency latter found to be false and you have already given sufficient proofs about it.Still, she refuses to perform the marriage, presently your brother waited for two years.now the new latest judgment of supreme court if both are mutually ready for divorce or separation the family court chief judge can sanction immediate separation order.if you are satisfied by my judgment please rate me.

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55 votes

No the period of 2 years cannot be waived off. However, why has the Lower Court not considered the ground of cruelty? Calling your husband impotent and the same being proved false is definitely a ground of cruelty. I would advise you to challenge the order of the Lower Court.

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