Divorce on desertion

Yes.  You can file a petition for decree of divorce on the ground of desertion as two years have passed since the date of desertion.  In addition to that, you can place the ground of "cruelty" also because her desertion has caused you physical and mental harassment and embarrasment in your society.  You may have to pay maintenance if she has not her own source of income.  Some advocates may suggest that it will not be necessary to pay maintenance because she left you without having any reasonable cause.  But this fact has to be proved by way of evidence and it would take time and hence you would be liable to pay maintenance.  The quantum of maintenance would be decided after taking into consideration of facts related to life style and other responsibilities of the spouses.

Thanks for the reply. In continuation i would like to add that my wife who had ran away from our house had agreed for mutual divorce and a case was filed in family court. the case was posted for mediation and the case was eventually dismissed as she did not appear for mediation. so as per your advice, i am going to file a case praying for grant of divorce on the grounds of desertion and mental harassment. please can u provide some points on which a divorce can be claimed under desertion.

you brought a new angle in your later querry.  Now you are saying that both of you moved MCD (mutual consent divorce) and it was dismissed during the conciliation due to her non-appearance.  In MCD, conciliation is not mandatory.  If the parties won't appear then also the trial court would give the date for second motion at the request of one of the parties, which is atleast six months away from the date of first motion.

Now, SC was saying in one of its latest judgment that the withdrawal of consent by one of the parties at the time of second motion would not disentitle the other party to get MCD decree.  Any how, I suggest you to get the MCD restored.

Now, coming to your divorce petition, if you see that restoration of MCD is not feasible and there is apprehension of getting a favourable verdict in this case, as the wife is not appearing, you can file divorce petition on the ground of desertion as well as cruelty.  Every High Court prescribed a proforma to file such petition and your area advocate would help you in such matter.  If your case pertains to Delhi, you can take my assistance.  But remember the maintenance part in my earlier reply.

Wish you best of luck.