Is desertion by husband or wife a criminal offence?


Respected Lawyers,

As fas as i am aware Desertion by either a husband or wife in matrimonial relationship comes under civial law and this was not a Criminal offence.

Also in my knowledge 498a is a law only against dowry harrasement and cruelty caused on wife for dowry.

Now my question is it possible for a wife to make Desertion a criminal offence using the 498a using the word desertion is also cruelty to her and without her husband she cannot live alone and is forced to even commit suicide.

This way a women can easily use 498a for desertion whereas if the wife deserts the husband then he only has option to file for divorce and cannot file a criminal charges against the wife.

 

Thanks

 
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CEO

YES, male can file a dessertion if the Crimal cases are due/quashed against male.

What you are stating is a national problem in matrimony.. Wife may sound upper hand while filing for cases/police station etc., end of the day, they will be thrown out to ditches in the society.

Women Protection is good for truly deserted wife to cover themself, but nowadays this law has been mis used and giving a thread in matrimonial life.. My friend's wife filed 498 and DV agaisnt him when he asked his wife why are you late coming home....?

 
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master

May be if she manages to prove that the desertion by husband is due to her inability to fulfill his demands for dowry. and without her husband she cannot live alone and is forced to even commit suicide.

 
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zz

Its matter of drafting only......& most of the lawyers are smart enugh to create stories that cover 498a part wel. If u want to ask that alleges mental harassment d/t hubby deserting her as her lone criminal allegation, it wil fall & wont touch the point of initiating 498a proceedings against husband.

So the bottomline is that WHEN WIFE DECIDES TO PUT 498A UPON U, NOBODY CAN STOP HER.......but of course, u can come out of it throu'

 
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Advocate

Somehow I do agree with Ramesh.

 
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LAWYER

Generally the 498a cases are lodged by bribing the police..  there is no iota of truth.....our whole counry is under corruptiion.....This is not Ramrajya that women will tell the truth.... the 498a lawis totally misused and abused to serve their ulterior motive.   OUr Purush Hakka Saurashan Samitte is fighting against misuse of law....I specially like to offer my counselling to the victim of abuse of 498A case...

 

Anamika Vichare, practising lawyer Family Court, Bandra, Thane, High Court, Sesssiions

anamika_vichare@rediffmail.com


Total likes : 1 times

 
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zz

Originally posted by : raj kumar makkad

Somehow I do agree with Ramesh.

Dear Sir,

Who is this Ramesh & what are his views to which u agreed?

 
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Posted by: nitish788  Categories: Uncategorized 
 

 

Divorce by Desertion

Desertion is also ground for divorce in India, but the most difficult part is how to prove desertion in court of law. A layman may think desertion as his/her spouse is living separately for the period of 2 years that’s it.

But actually what courts in India require are the 4 things which areto be established by the spouse who is seeking divorce on this ground.

1.. Animus deserendi-This means the intention to desert, if husband or wife decides to leave the martial co habitation as they does not want to continue with martial obligations or may be called husband/wife under the eyes of the society this means they have developed animus deserendi, once this intention is formed this fulfills one criteria for proving desertion.

Now this intention can be from both sides or may be a constructive animus deserendi, In constructive animus deserendi when one of the spouse asks the other spouse to leave the house or leave him/her that is constructive animus deserendi other the other form is that the a spouse can leave the other spouse with his/her own will that is willful desertion. in both the situation the affected spouse i.e the spouse which was made to leave in the case of constructive animus deserendi or the spouse which was left alone can pursue the proceeding for divorce if other requirements are satisfied.

2. Separation- Now the  Animus deserendi is followed by actual separation, now this separation can be physical or mental one, normally itrs the physical one here the actual action takes place merely forming an intention or telling a spouse that I will leave you is not suffice if it is not followed by some action. Merely an action without the intention is also not suffice both intention to leave and followed by action is mandatory in proving desertion.Sometime there is first physical separation and then followed by intention and sometimes its vice versa, both should takes place for a continuous period of 2 years.

3. No reasonable just cause to leave- There should not be any reasonable cause available to the spouse who is leaving the matrimonial ties, generally cruelty is alleged by defending spouse to defeat the proceedings of desertion in such cases the burden is on the defending spouse to prove cruelty by examining witnesses and medical examinations etc. But if defending spouse fails to prove any of the just causes then this ingredient stand proved.

4. without the consent- if the deserting spouse does not consents such desertion this final ingredient also stands proved, but how to prove this ingredient? now let us suppose a spouse leaves then there must be continuous efforts from the other side to b ring back the spouse, it should not be the case where the other spouse sits mutely while the other spouse has deserted. efforts should be made to render reconciliation. here contact with parents, mother father or other relatives are essential. reconciliation at its own level at first and then involvement of relative is essential, this would satisfy the court that deserted spouse never consented for such a desertion.

Proving all the aforementioned ingredients are essential to prove desertion i n court, if any one element is missing divorce cannot be granted. Gene really cases fall short in 3rd and 4th ingredient. merely living separately even willfully does not guarantee divorce to deserting partner.

Nitish Banka

( Advocate Supreme court)

nitish@lexspeak.in

 
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Nitesh go back to sleep in grave yard..

gare murde kyo ukhar rehe ho..

abhi abhi advocate bane ho ?

 

SLEEP !!!!!!!!!!!!!!!!!!!!!!!!!!

 
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