Seeking Divorce based on desertion and cruelty

Question

Seeking Divorce based on desertion and cruelty

25-Sep-2023 (In Divorce Law)

Wife living separately for more than 3 yrs both party did not file any cases yet. I am from Rajasthan but working in Noida. Wife is also from Rajasthan but different city. We stayed for 1 month in Noida extension after that she went to her parents. My marriage is not consummated. Seeking advice should I file divorce.

Answers (5)

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Adv. Sarvesh Roy Adv. Sarvesh Roy

Noida | 100+ Answers

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Advocate Vivek Mishra LawRato · Accepted Answer · 2021-09-25T16:26:53+05:30

Answer #2

good evening I am advocate Vivek Mishra well according to your case you can file maintenance and yes you can file divorce in a mutual consent for further details kindly contact me thank you. I can elaborate you properly

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Adv. Vivek Mishra Adv. Vivek Mishra

Allahabad | 900+ Answers

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Advocate Medhavi Mishra LawRato · Accepted Answer · 2021-09-26T11:49:23+05:30

Answer #3

You can file a divorce by mutual consent (if she is willing too) in Noida(as it has jurisdiction under Section 19(iii) of the Hindu Marriage Act or in Rajasthan which ever is suitable to you and your wife. If she does not want divorce, you can still file a divorce on grounds of desertion under Section 13(ib). For detailed consultation, you may contact me at a charge of a nominal consultation fees.

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Adv. Medhavi Mishra Adv. Medhavi Mishra

Noida | 50+ Answers

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Advocate Rajeev Srivastava LawRato · Accepted Answer · 2021-09-27T01:53:30+05:30

Answer #4

yes you can file divorce petition on the grounds of cruelty and desertion (if your wife lived separately somewhere for more than 3 years ). if you need any further information or clarification then please contact me without any hesitation

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Adv. Rajeev Srivastava Adv. Rajeev Srivastava

Ghaziabad | 400+ Answers

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Advocate Kripa Shankar Mishra LawRato · Accepted Answer · 2021-09-28T19:59:07+05:30

Answer #5

Definitely, if and otherwise you both won't be get judicially separated. You both are living separated and there is not any proceedings in regard to your marital life so it will be better to get Divorce and if you both are of same mind then go for Mutual or Consented Divorce.

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Adv. Kripa Shankar Mishra Adv. Kripa Shankar Mishra

Etawah | 25+ Answers

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