Husband deserted wife and child, how to get divorce?

588 votes

I have been married for the last 6 years and have a child. Husband deserted as he didnt want to carry out marital obligations and we have no relationship. i want to file a separation petition. after showing a separation for a year, on what grounds can i get a divorce. also my in-laws are pressuring us to stay together even when we dont want it. they can do physical harm to me and my child, how can i safeguard myself. please advice i am a hindu..married under hindu marriage act. my husband ill-treated me for money and have been carrying out all household expenses

Ans: you have to file a divorce petition before the family, either with the consent or being contested by your husband. you can seek for maintenance of the child as well.

Advocate Girish Kodgi LawRato

690 votes

You have an legal rights​ to file a petition before the concerned jurisdictional court
as you like for, -

(1) For maintenance
(2) Restitution of conjugal rights
(3). Judicial Separation
(4). Divorce (If necessary)

Advocate V Sripad LawRato

849 votes

I suggest you to file a contesting divorce petition under section 13(1)(ia) & (ib) of Hindu Marriage Act, 1955 on the ground of physical and mental cruelty and also on the ground of desertion. you can file the petition before the jurisdictional family court where you are residing at present. I also suggest you to consult an advocate of your choice for more information in this regard.

Advocate Jagadish N LawRato

938 votes

If you have been married for the last 6 years and have a child and your Husband has deserted as he didn't want to carry out marital obligations and you have no relationship, you can seek judicial separation as well as divorce.

your are required to be heard in person to explain you in detail as to the ground of divorce.
Approach an advocate who practice on civil side. He would guide you well. Good Luck.

Advocate Chandraiah LawRato

865 votes

Madam,

You have already filed separation petition and 100% you decided to live separate. Here to protect yourself and your child and to maintain the family, you can file a maintenance petition separately or an application under Section 24 of the act in the present case. This suggestion is for your livelihood.

Apart from that you can file a case in Mahalia Sahayavan seeking protection against from your husband and il-laws. stating their harassment.

Advocate M Lakshmikanth Arya LawRato