Meaning of desertion by wife for divorce?

1.    Reason for dismissal?

2.    If not agreeing to ‘reasons’ one may Appeal before Hon’ble HC within its limitation period instead of filing fresh petition under other grounds.

3.    Not living together due to alleged ‘mental cruelties’ as per mention in a live S. 498a IPC case is counter additional ground for her to resist your divorce suit as well as she can apply for divorce and not for you is my view.

4.    The recent Hindu Marriage Laws (Amendment) Bill 2013 is not yet made Law.

5.    Acquittal speaking Order one needs to see to say if same can be used for divorce as one of the grounds.  

However 4 years not living together eventually leads to couples Divorce.

mere not living with wife for four years and desertion you cannot file divorce 

1. there should be proper words to prove the divorce case 

2. in your case court will order counselling section 

3. the case mental cruelty was dismissed i think on the ground that you have not produced proper documents to prove her mental cruelty and if you want to to go on that case file before limitation period

4. on mental cruelty you can file divorce petition and also you have to show evidences  

Disclaimer: I am not an advocate but here's what I think:

Desertion is not just separation. You need to prove that she deserted you if you are going to seek divorce on that grounds. Do you have proof that she deserted you and that you made attempts to call her back, etc. I mean real proof or witnesses you will file an affidavit and come to Court to testify.

She filed 498a. You must get acquitted first to use that as grounds for mental cruelty against her.

What your order and Judgment says in the divorce proceedings is VERY important. The factual conclusions there will become final if the party to whom they are adverse do not get them overturned on appeal. These factual conclusions can and will be used in any new proceedings, started by you or her. It is always wise in Family Court legal matters to fight one battle at a time, win, and then fight the next. Now, before you muddy the waters further, win the 498 case, then get whatever is not favorable to you in the divorce proceeding, overturned, if it has material significance. Perhaps the advocates can shed more light on my suggestion.

@Mani

Your wife has filed 498A against you. proceeding is going slow. What your lawyer has done to expedite it?  

Ideally, you should have tried your best to expedite 498a case to prove that the case is false or atleast get it dismissed. Had your got acquittal in 498A before decision of divorce, you would have got divorce by now.  

Now file appeal in high court. At the same time, expedite 498A and get it dismissed. After that, submit 498A dismissal order in appeal in high court so that high court grants divorce to you.

You have not mentioned anything about maintenance. Is your wife working?