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Amit Kumar   30 September 2023

Can I get a divorce after two years of desertion?

In November it will be two years of my marriage however my wife has been with me for a total 7 months. first she lived with me for 1.5 months then went to her maayke for 3 months then again for 1.5 months she lived with me and we got quarrel then she went again for 7 months. After my family and their family have discussion then again she came for 4 months and then left to her maayka. Then without informing me she started doing job in Lucknow near her hometown which is kanpur. I am from Udaipur Rajasthan.
Now we do not have conversation. Also in these 7 months she quarreled a lot.
I don't like her as she has been disrespectful and abandoned her duties.
Should I wait for 2 years for desertion and give her divorce??


Learning

 8 Replies

T. Kalaiselvan, Advocate (Advocate)     30 September 2023

You can file a divorce case on the grounds of cruelty for which you do not have to wait for two years.

If you want to add desertion also as one of the grounds, then you may ahve to wait for two years period of separation.

Amit Kumar   30 September 2023

Also as she does not live with me and capable of earning, I am not eligible for maintenance as I don't want to give maintenance to such a pathetic and irresponsible person.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     30 September 2023

Even if you give divorce petition now, it may take more than 2 years to decide. As regards maintenence only a court can decide. Are you sending money to her now? I presume you have no children yet. Family laws in India are woman centric.

Amit Kumar   30 September 2023

no not sending her money as she is earning.
no their is no child.
supreme court said recently that women who is capable to earn is not eligible for maintenance.

Laxmi Kant Joshi (Advocate )     30 September 2023

You need not have to wait for 2 years for filing the divorce  , You can file divorce on the ground of cruelty u/s 13(1)(i-a) of hindu marriage act .

Court will decide the maintenance it doesn't mean that if she is working then she will not get the maintenance but it depends upon the living standard of her as she was living her life after marriage with you. 

Amit Kumar   01 October 2023

if the divorce is mutual then also the maintenance is needed.
also she earns 30000 same as me.
for what I should give maintenance, for not living with me. what kind of law our country has.
does UCC will improve something in this existing law??

Vishal, Adv-Supreme Court (Advocate Whatsapp 9717985984)     01 October 2023

For filing divorce based on dessertion , there should be continuous sepration of 2 years. However based upon what you have written here you may file divorce based on cruelty. 

Regarding the maintainence , she may file section 24 HMA application in your divorce case iteself .

If she is earning then also court may order for maintaince based upon several other factors but that quantum of amount will not be much .Dont be afraid to file the divorce case for only that reason alone.

For more detailed advice contact Adv Vishal Garg @ 9717985984

Amit Kumar   03 October 2023

now her father died yesterday, I had to go with my father to their home.
actually her father and my father are friends due to which it complicates the situation, let's see when my marriage ends..

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