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Bhoomika (Engineer)     05 February 2012

Divorce under desertion

It's been 2 years my husband deserted me and left abroad now i want to obtain divorce under grounds of desertion so that i can remarry. Previously i filed cprc 125, Crpc 151 & 498 (a) on him and all those cases are pending against him but now my lawyer is advising that i should take divorce and then my husband is going to be punished. But if this happens then he will wait till i get married second time and then he will harass me. What should i do ? Should i withdraw all cases on him or should i just keep it so that he doesn't harass me after my second marriage ?


 3 Replies

rahul (director)     05 February 2012

you are saying that your hubby in abroad since last 2y.. then how you saying that 125crpc and 498 in running in court, did you got maitenece  from him in 125crpc? i guess NO.

when he is not attending any case,, that mean. you are harrrasing yourself,,

do u attend the court hearing? or your lawyers ..

i think your lawyers making you fool and asking to file divorce,,

you can contact hubby and ask for mutual divorce and take back all case....` he is kept silent becase you put case on him.. and he will not give divorce ultill you take back all case.



Hem Raj (advocate)     05 February 2012

dear bhoomi

if u take divorce on the ground of desertion it is only possible when ur husband has willingly left u.

u have to decide what to do.

if u have to take divorce just talk to ur spouse about this and go for mcd

u can also get divorce on the basis of desertion but for that  u would have to show in the court that ur spouse has left u and he is not willing to live no more with u.

or u can harass him by filing  a case under dv act

coz its initiation is civil but it can be turned into a criminal case.


hem raj saini adv


Bhoomika (Engineer)     05 February 2012

@ Advocate Hem Raj i don't want to file any cases after my second marriage since it will be almost impossible for me to attend court afterwards and the person who is willing to marry me has asked me to resolve all cases with my current husband so that they don't face any problems in future. I discussed option of DV with my lawyer but according to him DV can only be filed if there is domestic relationship between husband and wife or if we stayed together under one roof but in our case my husband is already abroad and it's been 2 years i saw him. He is reluctant to give me divorce and asking for 10 lakhs because of me he wasn't able to visit india so he is putting condition that if i want MCD i should give him 10 lakhs which is almost impossible the only option i have is to prove willful desertion.

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