Can i file a divorce on the grounds of being deserted by wife.

762 votes

I am Hindu, got married 10 years ago. My wife left the house more than 2 years back and still didn’t come. I tried multiple ways to convince her but no use. I am thinking to file a case for Divorce on the grounds of Desertion but worried about the false cases (498A, DV, Maintenance, etc) she might file against me. One of my friend said that it is not possible for her to file such false cases as it's been more than 7 years since marriage. Please clarify.

ANS: your friends suggestion is correct, after 7 years the complaint will not be taken seriously, but still she can file. but you can seek divorce on the ground of Desertion.

Advocate Girish Kodgi LawRato

871 votes

yes you can file a case for divorce on the ground of cruelty and get divorce but yes if she has no source of income to maintain herself in the standard of living which you are enjoying then she will file maintenance case and in which case the court will order for maintenance, regarding other cases she may try to file but chances of her filling are too less regarding 498 A etc and even if filed they will fail.

Advocate Bharat Narasgouda LawRato

642 votes

I advise you to file a petition for Divorce on the grounds of cruelty and desertion and contest it. You may also be able to settle the case when she comes before the Court. The bar of 7 years does not apply to DV and maintenance cases. It is a risk you will have to consider as you don't have a lot of options. Do not be afraid of criminal cases - it is possible to successfully contest them.

LawRato LawRato

719 votes

The Divorce Petition can be filed on the ground of Desertion as the husband and the wife have been living separately for more than 2 years. The Apprehension that the wife will file false cases should not prevent you from going ahead and filing the Divorce Petition. When the Divorce Petition has been filed before the "false cases" are instituted then those false cases will be viewed as a counter blast to your Divorce Petition as you have taken the first step in initiatin action against her. The advantage of filing the Divorce Petition first is that, when false cases ( such as 498A, DV, etc. ) are filed, the Police will generally not interfere as the dispute between you and your wife would then be a "Civil matter" and therefore any apprehended Criminal Action against you can be avoided. Producing a copy of the Divorce Petition before the Police would also assist you in this regard.
Happy to help.

LawRato LawRato

834 votes

Dear friend,
Your friend has not given correct peace of advice, yes she can file false cases against you anytime she wants ,for that you do anything or not dies not matter , no body can stop any one from filing any case only question is that whether you can be saved in case , yes you can be ...you can contact us...OFC : Adv Pankaj Kumar & associate

LawRato LawRato