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Hindus I want to apply for divorce on cruelty and desertion grounds
20-Aug-2023 (In Divorce Law)
Myself and my wife have been living separately since more than 2 years. We are Hindus. I am thinking to file a case for Divorce on the grounds of cruelty and desertion. Does my wife need to agree in order for court to grant divorce?
It is not compulsory for wife to agree for divorce, court decide the case on merits, yes you can file the case on grounds of dessertion and cruelty because as per your question you fulfill the condition for filing case on ground of dessertion
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Adv. Ajay Garg
Delhi | 100+ Answers
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Living separately does not amount to desertion. Desertion means that when a spouse leaves the company of other spouse without any valid or lawful reason. If you file divorce case on the ground of cruelty etc then there is no requirement of any consent of your wife. Your wife may contest the divorce case filed by you. In case of need consult with details.
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Adv. Siddharth Srivastava
Delhi | 100+ Answers
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you can institute a suit for divorce on the grounds of cruelty and desertion. Any how if you are able to prove these grounds in the court then the court order is final and binding on both parties. but you have not assigned the real reason why and what ground your wife has deserted you and nature of cruelty.
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Adv. Vikash Kumar
Delhi | 25+ Answers
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Sir,
You can file divorce under the provision of Hindu Marriage act.
All the conditions as per the act are fulfilled.
No need to take her permission as it is not a divorce by mutual consent.
File the case before she starts with her battle.
You can file divorce under the provision of Hindu Marriage act.
All the conditions as per the act are fulfilled.
No need to take her permission as it is not a divorce by mutual consent.
File the case before she starts with her battle.
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Adv. Deepanshu Gupta
Delhi | 25+ Answers
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