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Divorce petition under hindu marriage act section 13 1 ib


25-Jul-2025 (In Divorce Law)
Hi, can someone clarify my doubt please. Me and my wife separated in Aug-2020. after 1year Sep-2021 i send a legal notice under HM act Sec 9. Due to some personal reasons i didnt attended and petition got dismissed in Jul-2022. After that Oct-2022 i filed for divorce under sec 13 1 1a 1b and it is in under trail. Can some one help me to understand the chances to get divorce under 13 ib 2years desertion.
Answers (5)

Answer #1
865 votes
Since you have lived separately for over 2 years from August 2020 onwards, you can file for a divorce under section 13(1) (ib)for desertion by proving she left without reasonable cause. Chances are fail if you show clear evidence of 2 + years desertion . if you also faced mental or physical cruelty this can be an alternative ground. Chances are good under 13(1)(ib) if evidence shows desertion over 2 years .
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Advocate Pavani Kumari

Adv. Pavani Kumari

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Answer #2
501 votes
if you don't attend the court with all the probability diverse may be granted not immediately but it me take little time let me know if you wish to contest. do notices you sent me also have been filed in the court
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Advocate Kishen Samuel

Adv. Kishen Samuel

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Answer #3
783 votes
Under Section 13(1)(ib) of the Hindu Marriage Act, you must prove continuous desertion by your spouse for at least 2 years before filing the petition. Since separation began in Aug 2020 and the divorce was filed in Oct 2022, the 2-year condition is met. However, you must show (1) separation was without your consent, (2) intention to permanently desert, and (3) no cohabitation during that period. Evidence like notices, lack of reconciliation, and witness statements strengthen your case.
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Advocate Sujith Kuchipudi

Adv. Sujith Kuchipudi

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Answer #4
714 votes
what is your wife stand on this ...?? generally if a spouse requires divorce then chances of maintance or allimony would be high and the reasons for filing or obtaining divorce shall be based on cruelty and desertion or some times irretrievable breakdown of marriage
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Advocate D Lalith Kumar

Adv. D Lalith Kumar

LawRatoSecunderabad | 25+ Answers
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Answer #5
558 votes
You have valid grounds for divorce under Section 13(1)(ib) of the Hindu Marriage Act, as 2 years of continuous desertion is sufficient. Since you were separated since Aug 2020 and filed the case in Oct 2022, you meet the requirement. The court will assess whether the desertion was without reasonable cause and whether it was intentional. Ensure evidence of separation and lack of cohabitation. If proven, your chances of getting divorce under this section are good.
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Advocate Mrudhula Jahnavi

Adv. Mrudhula Jahnavi

LawRatoSerilingampally | 200+ Answers
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