Is this desertion

Querist : Anonymous (Querist) 16 October 2010 This query is : Resolved
Experts,

Husband and wife were living seperately. After one and half years wife filed a complaint with police. But no FIR was registered by polcie based on the complaint.

And after two and half years wife filed divorce on the ground of desertion.

Does this stand of the wife maintainable. Wife had filed a police complaint after 1.5 yrs. Even after filing of the police complaint does the ground for desertion maintainable. The filing of the polcie complaint itself means that she wanted to send the husband to jail then how can she claim that the husbad has wilfully deserted.

Please give your vaulable thoughts.

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Arvind Singh Chauhan (Expert) 16 October 2010
If the facts mention in complaint to police are not older than one year, it is desertion.
Otherwise time shall be counted from the latest date of incident as mentioned in police complaint.