Ravi (a) 08 May 2018

Is it called desertion?

dear experts,

would like to know if this amounts to desertion?

1. wife left home after 8 months of marriage

2. husband called wife by issuing letters to join him, wife replied nothing

3. husband issued letter calling for divorce

4. after 1 and 1/2 years, husband filed divorce and wife filed dvc/498a

5. husband's divorce dimissed

6. husband got aquittal u/s 498a from sessions court

7. dvc and maintnenace case going

8. this whole process has taken 8 years but wife never did anything to join the society but case after case

since it is an 8 year episode and continuing, can husband file divorce under the context of cruelty (498a acuittal) and dessertion (8 years separation)? will husband win the case?

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2 Replies

Vijay Raj Mahajan (Advocate) 08 May 2018

The husband has strong case for divorce with the provided facts as mentioned above, however the Family Court will decide the case on the basis of pleadings and evidence of both sides.

Ravi (a) 08 May 2018

thank you sir.

the divorce filed by me was under cruelty grounds only and wife got monthly maintenance in 23hma and also, the divorce case got transferred to her city from mine by approaching the supreme court.

if i file the divorce again in my city,

1. what are teh chances of tranfer again to her city? will supreme court favor the wife again/

2. can my wife ask hma 24 again in the 2nd divorce? becasue wife is getting interim maintenace in crpc125 curretnly and DVC will get closed in 2 months from now.