Husband left me alone for job.In laws don't treat well. What can i do?

In Divorce Law

My husband abandoned me for 2 years and returned back only to leave me alone again. I am from Delhi and married 5 years ago. My husband works as a polish language instructor. Before marriage me and my family were told that my husband is studying in poland and will visit home for 3-4 month until his study complete.They told us that it will take 1 year to complete the study, but after 1 year he told me that he will go there to establish some business and did not return for two years.

He again came back after two years and stayed in india for few months and left for Banglore saying he has got some job. He asked me to go to my parents.

His parents do not behave properly with me. What should I do?

Answers (1)

57 votes

In your situation, you have 2 possible situations and it all depends on what you want.

1. Filing a petition for restitution of conjugal rights under Section 9 of the Hindu Marriage Act. Section 9 has been reproduced below for better understanding: 

Restitution of conjugal rights.- When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly.

Explanation- Where a question arises whether there has been reasonable excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society. 

So in case, you want to stay with your husband, you can file a petition under Section 9.

2. Going for a divorce: Now if you don't want to stay with your husband, you can file a petition for dissolution of marriage under Section 13(1)(ia) of the Hindu Marriage Act under the grounds of cruelty. As the treatment meted out to you by your husband and your in-laws amount to mental cruelty and therefore you can seek a divorce on this ground.

You can also you to register a complaint for cruelty under Section 498A of the Indian Penal Code or for domestic Violence under the Protection of Women from Domestic Violence Act or both. Your husband is bound to give you maintenance and residence as per his standard of living and the lifestyle you are used to post your marriage.

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