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Desertion of wife

Guest (Querist) 19 August 2021 This query is : Open 
Hi,

I would like to know what are the consequences if a husband deserts his wife within three weeks of wedlock and for everything his parents are coming forward to answer and not letting him to talk even in counselling he said he dont want to take back since his father had asked him to not to take her back. Since I am also working I'm not bothering about maintenance but what about the hefty wedding done by our parents and cost incurred on in such cases
P. Venu (Expert) 20 August 2021
In the given context, hefty expenses during wedding is not at all an issue.
kavksatyanarayana (Expert) 20 August 2021
Yes. Agree with the advice of the above learned expert.
Dr J C Vashista (Expert) 21 August 2021
Issue is not covered under the definition of "desertion" within 3 weeks of marriage.

What is the subject of petition filed / pending (if any) before the Court, where counselling is stated to be going on ?
Guest (Querist) 21 August 2021
Petition filed under women cell and case filed on both 498a and DV act. But they have gone to high court for the quash of FIR
Adv K Rajasekharan (Expert) 21 August 2021
In legal terms, desertion of wife is not an offence. A husband has every right to desert a wife who cannot be accommodated in a marriage relationship. The only legal consequence for him is to pay maintenance to the wife, which in this case you don’t require.

The hefty expenses during the wedding occasion need not be paid by the husband as it was made solely by your family for the pride and prestige of the family itself.

You have not so far mentioned about any cruelty from their side. But you have already shown cruelty to them by filing three cases at three places, after a very short stay at the matrimonial house. In fact, that itself is a reason for them to get divorce from you.

If there are genuine reasons the 498A and D V act would work as powerful tools. But when genuine reasons are deficient, other than some ego issues, those statutes would serve no much purpose other than causing some itching sensation on the other party. A sensible judge can very easily identify which category a 498A or DV case belongs to.

The best way to save a married life is to keep silence for some time when some marital discord crops up. But the best way to spoil a marriage relation is to meet an advocate with a marital issue. He would advise you to generate case after case till you lose your money and mental peace altogether.

This is not to say that when a real issue occurs you should not avoid meeting a lawyer but he must a professionally ethical one.


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