Divorce

1. First if he has used "mental cruelties" and "desertion" as grounds for divorce then he will win the divorce on ‘desertion’ grounds. Reason being even if your last legal notice is taken as face value it was sent after the statutory period of 2 years i/e after 2.5 years! Law says the moment wife is asked to leave matrimonial home she should protest and such protest could be resonable time based say 6 months - 8 months or even 1 year but no stretch of imagination asks a wife to keep quite for 2.5 years which is plain simple import of meaning of desertion and thus I say he will win on desertion grounds. It is just the persuasive devils advocate replying the Law point under this para as to what Law sees in facts as in your brief. Options are always there but that is for a Ld. Judge to decide in his Order I am not sitting on a life-changing Judgment here for queriest.

2. Now be it so as minor deviation, you have to finally decide what exactly after 2.5 years of desertion you want where it is alleged that he never visited to see the baby (if he is a S/w eng. then overseas capitalist donot give leave from 24x7 live projects cheap Indian labor there works at r/w people go overseas to make money save enough for bringing home further r/w if you had any complaints you could have moved restitution of conjugal rights application by now these are going to be his valid alibi), which means you both till now didnot keep contact via Law as per your own brief?

3. Now if you say you want to live with him inspite of such adversities (social r/w legal) then plainly accept his conditions and start fresh, one need not have to worried if trust to be regained also if future does not turn rosy then you can always turn up and say he put kitchen knife upon my throat thus I signed on blank papers and Law accepts such pleas believe me so what harm you are at nothing except leaving behind past for a better tomoor if it clicks well and good for three souls and if not then Law is always at your service?. Reason being you acted on your advocates legal advise inspite of hearing your brief and your instructions on restitution of conjugal rights he added soical masala which are in template found with almost many a women sensitive petition writers. One side you want conjugal rights to be maintained so stick to it don’t write via a legal notice from a lawyer about dowry and related stuffs if you don’t want to bring it in maintaining harmony paths. This is one way to look at it why other side acts all of a sudden after 2.5 years in such fashion (i.e. send divorce notice and treating you as abala in soical eyes way), had it been the otherway round he would have filed divorce on mental cruelties ground long time ago but he was forced to file the moment he read the masala.

4. The other way to look at it is via Court practice and process ways; where let him prove his alleged grounds as in probable para 1 if he taken and if he is not able to prove after years of litigation his so and so alleged grounds then no divorce decree will be granted to him and both of you will be at square one stage then with more hatred for each other and drain of money resources and child in arm sightseeing of Courts / police station etc. meanwhile what stage you will cometh to?.

5. hence to avoid square one situations some advocates advise on pushing their clients to use ingredients of dowry and related allegations to bring husband to his knees quickly and make their client sound like abalas. That does not help to a female client who says I wish to maintain matrimony and wish to condone acts of matrimonial wrongs. Either say harmony in matrimonial relations and sign on blank papers on logics of trust or say come what may come I will remain just like this and you also remain like that means I will contest your divorce and you contest my restitution of conjugal rights claims.

However skip all above which in days of your journey in Law you will hear on and off, since you are blessed with about 2 plus years old child staying with you and probably you may not be or may be working for a living and future of the child is concerned plus your future, hence make a solid decision for just three people in picture and then chalk out rest of the road ahead. Paths such as contest tooth and nail his divorce (takes roughly 3-5-7 years to decide) OR mutual consent divorce (takes roughly 6 – 8 months to get decree) OR restitution of conjugal rights r/w criminal complaints route (takes 5-8 years to come to some final conclusion) which @ Lord may tell you soon here how to go about them as I am not competent enough on such sensitive replies.

In contesting divorce you are still eligible to file application for maintenance for self (if not working) and for the child. In Mutual consent divorce both have to come to a middle ground for one time full and final alimony which is resonable for both (needs good mediation and a person who is neutral to both may come handy here) and part company in fastest way from each other and re-start life. Divorce is no more a dirty word and who better to know it then you who has spent marriage life all alone for 2.5 + years !

Above are short and straight forward suggestions in layman's point of view small paras which can be expanded as per need.   

You need not worry.  He cannot get divorce on both those grounds - desertion and cruelty.  Courts will not see the calendar and decide whether two years desertion has happened or not.  There was no intention (animus deserandi) on your part to desert him.  You were sent to your parental home for delivery and later on he never turned up to take you with him.  He was living abroad and not taken any recourse to take you there.  So, the ground of desertion itself collapses. When you stayed only for 20 days with him, then he cannot attribute any activity which will fit into the category of "cruelty".  So, there also he does not succeed.  Now he is imposing  a condition that in your written statement if you admit all the allegations of your legal notice are wrong, then he will take you back.  Now my doubt is that once you do that thing in black and white in wirtten statement and this written statement will be put on record, and if he goes back from his promise and insist for divorce, you will be on weak wicket.  Putting false allegations against husband and inlaws is a cruel act on the part of wife and if you admit all these things in written statement, it will harm your case.  So, go for mediation but not agree to file a written statement admitting the false allegations.  If he is genuinely interested to resume the relationship, he will not insist for such written statment and if he insists for that he is not genuine but only inducing you in wrong path to get divorce decree from the court.