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Husband wife separation and divorce problem


11-Nov-2026 (In Divorce Law)
Me n daughter 3 yr old stay separately from my husband last 7 month ..because he threaten me for death..after that he send me letter stating that I have leave home without any valid reason.then I send section 9 notice to husband but he don't responded to notice .he ready for parental meet but not ready to give written statement about my safety..that why I contiue stay at my parental home . I have not registered any police NC yet.what to do next.can he take divorce after 2 yr on base of desertion
Answers (2)

Answer #1
580 votes
Your husband cannot automatically seek divorce merely after 2 years of separation. Under Section 13(1)(ib) HMA, desertion requires 2 continuous years without reasonable cause. Preserve threat evidence, file a police complaint and seek protection under DV Act.
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Advocate Pankaj Bajaj

Adv. Pankaj Bajaj

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Answer #2
588 votes
It's quite important whether you had filed restitution proceedings in court. If you want to restitute with him you have to file restitution proceedings so in future it's not easy to take divorce on the ground of desertion for him.
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Advocate Manoj Mulchandani

Adv. Manoj Mulchandani

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