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Am I eligible to get divorce on DESERTION ground?


22-Sep-2023 (In Divorce Law)
My wife is a professor(PHD) and drawing Rs 50,000/month. I am an engineer but past 3years trying to do sundry business with no regular income/salary as such. Due to site dispute, my wife deserted me 2.3 yrs back(16/Jul/2017) along with my daughter(4.6 yrs old ow). Later filed civil case though legally I am the owner of site. Then DVA case to get interim. Recently Dowry(498A) and Forgery(468) false petitions just to harass me & my elders. But in return I have filed RCR and G&WC 1.8 yrs back, even I have interim order to avail child custody on odd(1&3) Sundays of the month. Mediation and several rajee panhayat involving elders of the family have failed, hence: 1) Am I eligible to get divorce on DESERTION root? without paying single pie to my wife? 2) If I apply for divorce, what are the pros & cons for me? I don't have job, salary & property in my name? 3) Any fastest & safest legal ways to dissolve this marriage without paying her? 4) Any special legal instruction for me/my advisor?
Answers (3)

Answer #1
966 votes
Sir,
You can file divorce petition immediately without any further delay under the grounds of desertion, cruelty etc. You have no income, no question paying any alimony as she is in gainful employment.
Answer #2
761 votes
Yes, you can apply for the divorce on the ground of desertion and you must show that she has deserted you without any reasonable cause. If you are not in a job and not earning, you can also claim maintainance from her.
Answer #3
538 votes
You can file divorce on ground of desertion ... Since you don't have job and property we can make the court aware of it ... But as a child is there court takes that also into consideration and also as your educated court will consider that point and you have yo pay maintainance to your wife and child .... As a rule of law maintance should be given to wife and child , accordingly you can take decision

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