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Grounds for divorce since spouse not in touch for more than 2 years


15-Jan-2023 (In Divorce Law)
Hi all, I have been living in Australia since December, 2014 on student visa. My husband stopped supporting me because his visa was refused and I decided to migrate Australia by myself. I am not in touch with him for more than 2 years. Now I want to file divorce against him. If he will not be agree, how much time it can take to get divorce and what ground will be best to get divorce in the shortest time.
Answers (3)

Answer #1
687 votes
You can file divorce petition on the ground of cruelty as well as on the ground of desertion but you have to prove that he has deserted you without reasonable cause. So far as time is concerned never ask about the time in Indian court. Another important aspect is that you should also file a petition under section 24 of H M Act for maintenance during the pendency of divorce petition along with the main divorce petition so that maintenance is fixed as you will get maintenance from the date of application. You should also file petition u/s 125 cr. P. C. To get permanent maintenance
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Advocate Kanwarjit Singh Pruthi

Adv. Kanwarjit Singh Pruthi

LawRato Patiala | 100+ Answers
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Answer #2
809 votes
You can file divorce on multiple grounds and the one primarily is the desertion from last two years and the time depends on the procedure and facts of the case after filling . Either contested or ex -party depends on the stage and time will b in accordance to that.
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Advocate Ashwani Verma

Adv. Ashwani Verma

LawRatoHoshiarpur | 25+ Answers
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Answer #3
851 votes
Dear you have only one ground to file divorce that is desertion, but as you have performed your marriage as per Hindu law, so you have to file divorce under the same law in India, if you will file divorce in Australia that is not acceptable in India, it will take 1.5 to 2 years to get divorce.
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Advocate J.C. Kaushal

Adv. J.C. Kaushal

LawRatoMohali | 25+ Answers
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