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The period of appeal as provided under Section 28 of the Hindu Marriage Act is 30 days from the date of the decree or order. In case the wife has left the house of the husband and is living away from him without any reasonable cause, the husband is entitled to judicial separation or divorce.The condition however, is that the desertion of the wife should be for a continuous period of not less than two years, immediately preceding the presentation of the petition for grant of judicial separation or divorce.During this period of 6 months when the petition is pending , any of the spouse is fully entitled to withdraw the mutual consent.In such an eventuality no divorce decree can granted by the court.However, since your wife has left the house on 1st December, 1999, you have to plead that she has been living separately for the last more than one year or had not been performing matrimonial obligations for the past one year, even though living under the same roof.
If during this period of six months after the filing of the petition, any of the parties withdraws the consent, the divorce can not be granted.
But in case the petitioner’s case is of exceptional hardship High Court is in empowered to grant leave to file the case before the expiry of one year. Under Section 17 of the Hindu Marriage Act, bigamy is punishable u/s 494 & 495 of the Indian Penal Code.
Section 494 prescribes for imprisonment, which may extend to 7 years and fine.
Constantly insulting the other spouse and humiliating him in presence of others does amount to cruelty.
Requiring the other spouse to live beyond his means in order to enable the matrimonial life to continue and not desisting from extravagances though requested by other spouse can as well amount to cruelty in certain circumstances.
After the filing of the petition and recording the statement of both the parties, the court generally adjourns the matter for a period of 6 months where after the party has to again approach the court for making a second motion confirming the mutual consent earlier given in the petitioner filed by them.