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m mohan roy   02 June 2025

Desertion by wife

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. 



 4 Replies

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.


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