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Husband And Wife R Nt Together for 4.5 Years Can Entitled For Divorce


05-Sep-2023 (In Family Law)
Some Adocate told that acc to supreme court order if husband and wife are not lived together for 4 years its completely deemed to divorce....? My case is we r not living together from 2018 after that I filed restitution of conjugal rights in 2020 order passed in favour of husband to rejoin with in 60 days dated march 2021 after that she filed DV case and crpc 125 maintenance case against me in her native district court both are in evidence stage now being an husband can I ask high court to grant divorce on the grounds of desertion n crutality she did
Answers (4)

Answer #1
684 votes
Hi All three cases are completely separate. It’s false that after 4 years it will be considered as deemed divorce. You will need to file either a mutual consent divorce or a contested divorce. All matters will run separately. Feel free to get in touch to discuss further.
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Advocate Abhinav Sharma

Adv. Abhinav Sharma

LawRato Delhi | 700+ Answers
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Answer #2
704 votes
Hi, Going by the limited information provided by you, it is essential to see all the documents and understand the fact before giving any advise and yes if the husband and wife are living selectively for the past 2 years, it is a ground for Divorce in Hindu Marriage Act and is termed as Desertion. Nonetheless it is important to understand the fact, for which either call or schedule a meeting for a sane legal advise.
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Advocate Ayush Kapur

Adv. Ayush Kapur

LawRatoDelhi | 200+ Answers
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Answer #3
863 votes
You may file for divorce on the ground of desertion and cruelty. Moreover ur initial step for restitution will help as your defence while filing for divorce. family court will be the appropriate authority to file for divorce
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Advocate Manisha Chauhan

Adv. Manisha Chauhan

LawRatoDelhi | 25+ Answers
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Answer #4
534 votes
Dear Client, You have to move a divorce petition in order to get the decree of divorce basis on all the facts you mentioned herein. You can move the petitioner in the Family Court of the concerned jurisdiction where the party resides. Thanks and Regards
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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