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Grounds available for divorce - desertion


16-Feb-2023 (In Divorce Law)
It's been one year I and my wife living separately. Total 14 month of marriage. What's the ground available for divorce without mutual consent? I was asked to file desertion but I read and found that 2 years of separation is mandatory but my lawyer is saying that it has changed and can file after 1 year of separation living as well
Answers (3)

Answer #1
840 votes
hello client aa i can see ur issuee ia fit case if divorce as you are saying tht you are living seperate from ur qifr since 1 year its good ground for filling divorce on the name of cruality againstt husband by not giving her rights of husband for such a long time
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Answer #2
959 votes
Following are the 9 common legal grounds for divorce which are widely present in all current enactments on divorce law:

Adultery.

Desertion.

Insanity.

Conversion.

Renunciation.

Cruelty.

Venereal disease.

Presumption of death.

Desertion would not be a good ground for divorce in your case. You may take an appropriate ground like cruelty.
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Answer #3
575 votes
Yes you can file divorce after one year of marriage anytime. For seeking the mutual Divorce you have to first get a MOU prepared with all the terms and conditions. After that if both the parties you and your wife signed the same, Motion-1 can be filled in the court for Divorce.


To have complete understanding, you may contact me or any lawyer to give you best option as per your facts and circumstances of your case.
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