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Message: <blockquote data-quote="warwickuni" data-source="post: 22910669" data-attributes="member: 101444">There is no ground for a divorce being away from each other. But a divorce can be obtained if the other side is not contesting. The grounds of divorce are malicious desertion, sexual impotency at the time of the marriage, and adultery . Only desertion can be applicable to the facts in this case. If other side is agreeable for the divorce it can be obtained quickly in one day but there is three month period to obtain absolute order where the actual divorce is made.(this period is for the parties to reconcile even after order of the court)The issue of property is separate matter. Since it is in the name of the husband it will be his property. But if parties agree some sort of settlement may be possible eg by transfering a half share to wife. (undivided) I think it will not be sold if there are loans. If it can be sold it can be sold and the proceeds shared equally or in a proportion agreeable to parties. If there is no settlement an action can be filed for the claim on equity by wife for her contribution. These cases normally take a long time and may not live to see an end! Specially cases of this nature are postponed due to reluctance of all the parties to conclude including judicial officer! So , what is best is to get a full settlement of property and divorce at the same time. Since there is no animosity this can be done by settlement!</blockquote>

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