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Pawan Mittal   13 September 2023

Hindu marriage act, 1955

My query is, if wife is living with her parents home without any reasonable reason for a long years without her children and husband.  She is not ready to give divorce or living together with her husband or children.  She is working under State Govt and not bear any expenses of her children.  She is taking all benefits from State Govt. 

Please advise.

Pawan Mittal  


 14 Replies

T. Kalaiselvan, Advocate (Advocate)     14 September 2023

What is your question?

If the husband wants to file a divorce case on the grounds of desertion he can very well proceed.

If she agrees for mutual consent divorce then the matter can be concluded without much struggle or problem

Advocate Bhartesh goyal (advocate)     14 September 2023

Husband  can file divorce petition on ground of desertion.

Dr. J C Vashista (Advocate )     14 September 2023

Your question is vague and incomplete.

Why did husband not file petition for divorce on the ground of desertion for staying separate from her husband ?

Pawan Mittal   14 September 2023

If husband filed he divorce petition, then she will claim maintance from husband?

Real Soul.... (LEGAL)     14 September 2023

Is she is employee and gets enough from her job you are not laible to mainatin her, and the children are already with you so better to file for divorce

1 Like

Pawan Mittal   14 September 2023

Thanks to every mentors.

Dr. J C Vashista (Advocate )     17 September 2023

Filing of divorce petition has no relevance to maintenance of wife, it is your apprehension.

However, she may file application for her maintenance pendent lit, which shall be disposed before proceeding in main (divorce) petition/ case.

P. Venu (Advocate)     17 September 2023

What do you mean by "She is taking all benefits from State Govt"?


Pawan Mittal   17 September 2023

Thank you sir..

Sudhir Kumar, Advocate (Advocate)     19 September 2023

In any case whetgher she is working or not, you are liable to pay maintenance of children.

Pawan Mittal   19 September 2023

Dear Sudhir Jee and Dr. J C Vashist Jee,

She is working in Govt Job and getting full monthly salary including chiledren tuition fee, LTA, Medical and so on.  Children are with me (husband) and all expenses of children are bearing by husband.  She is not met with her children since August 2018 and no bother about their care.   We have two children which one is now 18 years old boy and second one 12 years old girl.  When I approached her for sepration or living together, she always denied for sepration and living together with her term & conditions.  I discussed with her for mutual divorce, but she is totally denied for that.  Her family members are also agreed with her and accept her conditions.  She was said earlier that she will filled many cases against me, if I proceed for court for further solution,

In this scenerio, what will be the best remedy for husband and also confirm "she is having rights for maintanance or others".  We are sufferer of her harassment and not found any right way yet.  My contact No. is 9873434200.


Pawan Mittal


Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     19 September 2023

In Governement, allownces like travel allowance, house rent allowance beyond the limit, medical expenses and many other similar allownces can be claimed  only  on the basis of actual expenditure. The Government servant will have to certify that she had actually incurred the expenditure. The basic principle is that such allowances cannot be a source of profit for the Government servant. If you inform the Head of office of her office, action will be taken against her. Such action can extend to dismissal from service or forced resignation. If her department does not take action you can even go to court against the Government. You can get information through RTI regarding whether she is getting any payments. I am a retired Government servant and I have seen action being taken in such cases.

Pawan Mittal   19 September 2023

Thanks a lot..

Dr. J C Vashista (Advocate )     20 September 2023

@ Mr. Pawan Mittal,

The issues can not be settled / satisfied on this platform.

It is advisable to consult and engage a local prudent lawyer for filing a petition for divorce and/or other proceeding as deemed fit and necessary in your case.

If you are located in Delhi/ NCR and feel so, may contact me on appointment.

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