Marriage constitutes the very basis of social organization. Hindu law regards marriage as a sacrament- indissoluble and eternal. Now in the first instance, it seems clear that the marriage has not been consummated as you both never lived together. therefore, one supporting argument would be that the marriage has not been consummated and hence that could be used as a helping point to support your main argument for divorce. However, this is just a secondary argument. Your primary grounds of filing for divorce under Section 13 of the Hindu Marriage Act would be dessertion and also adultery to a certain extent. The expression desertion means the desertion of the petitioner by the other party to the marriage without reasonable cause and without the consent or against the wish of such party, and includes the wilful neglect of the petitioner by the other party to the marriage, and its grammatical variations and cognate expressions shall be construed accordingly.
For your further explanation,exact wordings of Section 13 (1A) are
Section 13(1A) in The Hindu Marriage Act, 1955
22 [(1A) Either party to a marriage, whether solemnised before or after the commencement of this Act, may also present a petition for the dissolution of the marriage by a decree of divorce on the ground
(i) that there has been no resumption of cohabitation as between the parties to the marriage for a period of 22 [one year] or upwards after the passing of a decree for judicial separation in a proceeding to which they were parties; or
(ii) that there has been no restitution of conjugal rights as between the parties to the marriage for a period of 22 [one year] or upwards after the passing of a decree for restitution of conjugal rights in a proceeding to which they were parties.]
Since all the above conditions are being fulfilled in your case and the other party wrongfully went away with another man who was married thereby not showing any intention of resumption of cohabitation and this was done without the consent of the parties for more than a period of 2 years, the ground for your divorce are pretty solid. Any lawyer/advocate will be easily able to prove on your behalf that the ground of dessertion does indeed apply in your particular case and that the fact that the wife also went away with another married man does amount to adultery and all this resumed for more than 2 years and without the mutual consent. Take care.
