Long sepration due to 498a is any ground of divorce

There should be ground of cruelty (as she filed 498a) along with desertion and other grounds if applicable.

If husband is able to prove any of the ground , he is entitled for divorce.

Get amendment in the divorce petition and add ground of cruelty.

Hi Rajesh,

Infact as it is, you will get the divorce from the court, since there is a separation of five years.But you can also add the ground cruelty by way of ammendment.But it will , prolong the matter, she will the objection for that application , again the arguments and thereafter appeal to the higher courts etc etc.

srishaila,advocate,bangalore,9741425514,sdharani120@gmail.com

hello, after 18 years of my marriage now my husband wants to marry another which I and my children refused so he left us and living that lady in front of my eyes . my chilren 18 years daughter and son 15 years . Now he is planning to get divorce on grounds of desertion .

1.  What is desertion ? 

2. I am still in Govt accomadation and he left us and living in civil accomadation . He deserted us and he only asking for divorce on the ground of desretion . 

3. He is giving money to run the house with the help of higher officials and this is only  because he is afraid of his sevice in army .

4. He blackmailed me and my children to negotiate with his salary for giving divorce . But with out that I managed with the help of higher officials with a written complaint  .

5 . I hope u understood my problem . I am very strong and We decided to fight and not to give him divorce .

6. Please help me as to how and what frecautions to take to protect our  life and saving from divorce .

7. Iam 42 years old and my husband 49 years old ...... Never had any marital problem but Now i came to know tht he used to enjoy with women through internet by chating and ..... I have proofs ....  E mails 

Thank u 

Sujatha madam,

No use, if you try legally anything eveni if you proove that relation, it is only falling under the purview of adultery. He cannot be punished with current legal sections as adultery only valid ground for you to get divorce from him. You can neither punish him nor his mistress unless they are  legally married and that proved by you May be you can try under You can try section 406 criminal breach of trust but does not hold much water for you.

Originally posted by : SUJATHAW
	hello, after 18 years of my marriage now my husband wants to marry another which I and my children refused so he left us and living that lady in front of my eyes . my chilren 18 years daughter and son 15 years . Now he is planning to get divorce on grounds of desertion . 1.  What is desertion ?  2. I am still in Govt accomadation and he left us and living in civil accomadation . He deserted us and he only asking for divorce on the ground of desretion .  3. He is giving money to run the house with the help of higher officials and this is only  because he is afraid of his sevice in army . 4. He blackmailed me and my children to negotiate with his salary for giving divorce . But with out that I managed with the help of higher officials with a written complaint  . 5 . I hope u understood my problem . I am very strong and We decided to fight and not to give him divorce . 6. Please help me as to how and what frecautions to take to protect our  life and saving from divorce . 7. Iam 42 years old and my husband 49 years old ...... Never had any marital problem but Now i came to know tht he used to enjoy with women through internet by chating and ..... I have proofs ....  E mails  Thank u

18 years of marriage, and you could not read what is on his mind?

Someone has failed utterly or someone has not shown interest in the partner, who, you know better.

There should be solid reason for such an action.

My suggestion would be that, you have to speak to your husband, you have kids, let the kids speak to their father, one on one would be better.

IF you make it into a group discussion, chances are that he would be even more pissed off, and it would end up in a fight.

Am afraid, you never spoke to your husband and took him into confidence, men are like this, they need to be taken into confidence, need to be shown love, and particularly need to be shown that they are cared.

Talk to him, find out the reason behind his action [other than marrying this lady], there might be some reason, is he bieng blackmailed etc, solve things, one cannot imagine separting after a good two decades of marriage.

Desertion:  Here there is no desertion, he cannot go away from you and your kids and file for divorce based on desertion

Desertion happens when wife leaves the husband and goes and does not return back, then husband can file for divorce on basis of desertion.

on the other hand if huband leaves wife and goes away, not to come back, wife can file for divorce on basis of desertion.

desertion meaning = never to come back, never accept to rejoin husband/wife.  

Thank u so much for u r advice and guidance . I am an honest and innocent lady who  loved and beleived her husband  blindly . He was not with us and totally manipulated and sweetly stayed away from all the responsibilities . He said the same now as we can continue to live alone  .  He is not thinking to repair but insulting us to live by begging. I can bear anything in my life but not at the cost of my children and their self respect . Still I tried my 100% to show him the reality and my chilrenalso tried teir best   in spite of board exams and finally after listening to his selfish plans and bargainings for his new life with my dear children , We stoped everything .He asked me to sign on a contract for his other marriage then I refused . He filed a legal separation in family court , Which I am facing and looking after my children alone . We suffered a lot  and children need respect from elders as We or any body cannot take it for granted . What are their rights in this issue . If some one harrasses them then what cation can they take . Please name the sections with detailes . This is only 10% which i wrote now .  

thanks once again 

Hi Sujatha,

1.Desertion means physical [ living separately] or mentally [ living in the same house but no cohabition, no conversation , as strangers].

2.The person has to wait for two years from the date of desertion, to file the divorce petition on the gound of desertion.

3.You, try to get your husband counselled by elders of both  sides or  friends or you yourself or your children can talk to your husband , with love and affection , the reason for his recent attitude.

4.You can file restitution of conjugal rights, under section 9 of Hindu Marriage Act 1955, asking the court to give direction to your husband, to join you back.

4.You can file for maintenence under section 125 cr.pc, or Domestic violence Act, 2005, under section 12, for claiming maintenence, separate residence,compensation, and other expenses.

srishaila,bangalore,advocate,9741425514,sdharani120@gmail.com