Divorce From Wife After 15 Months Of Marriage For Desertion

It's been 15 months to my marriage, and my wife is not living with me. She does not want to live with me and I also don't want to continue the relationship. But she is not ready to give a divorce. What can I do?

Answers (2)

Advocate Vijay Raj | Legistify

Advocate Vijay Raj

  • Sushant Lok 1, Gurgaon
  • Gurgaon

Cruelty and desertion of 2 years or more are grounds available to you for divorce if your spouse not agreeing for divorce by mutual consent. You need to wait for 2 years of desertion period before you file for divorce on the ground of desertion in the Family Court of competent jurisdiction. For divorce on the ground of cruelty, you can file for divorce even now with the help of a divorce lawyer in India.

Answered on 15 Sep 2019

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Saachi Khurana

Saachi Khurana

  • Sector-1, Noida

If the wife is not living with you and husband is also not ready to go ahead with the marriage than after 1 year of marriage you can file the case in the court for a divorce by mutual consent. The husband has full right to file Divorce case under Section 13 of the Hindu Marriage Act and can fight on the basis that the wife is not staying with husband from a very long time.

Answered on 18 Sep 2019

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