When wife deserts (doesn't want to stay together) husband whether husband can file divorce suit immediately or is there any cooling period after which only divorce case can be filed.
m mohan roy 02 June 2025
When wife deserts (doesn't want to stay together) husband whether husband can file divorce suit immediately or is there any cooling period after which only divorce case can be filed.
T. Kalaiselvan, Advocate (Advocate) 02 June 2025
Generally desertion in terms of matrimonial dispute comrpises two years separation, i.e., two years period should have passed after either of the party abandons the company of the other party.
You can file a divorce caes on the grounds of cruelty citing her abandonment of matrimonial hiome as grounds of cruelty.
R.K Nanda (Advocate) 02 June 2025
Husband can't file case immediately as cooling period is 2 years.
Dr. J C Vashista (Advocate ) 03 June 2025
For filing a petition for divorce on the ground of desertion either of spouse has to wait for a period of 2 years.
P. Venu (Advocate) 03 June 2025
The husband has option in seeking restitution of conjugal rights, but such a measure could, quite often, be counterproductive.
BVSPRHyderabad 04 June 2025
Under the Hindu Marriage Act (Section 13(1)(ib)), desertion is a valid ground for divorce. Desertion means one spouse has abandoned the other without reasonable cause, with the intention of not returning, for a continuous period of at least two years immediatelymedian: immediately preceding the filing of the divorce petition.
This two-year period is essentially the "cooling period" required to establish desertion as a ground for divorce. The husband cannot file for divorce immediately upon desertion; he must wait until the desertion has persisted for two years.