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The wife and the husband don't live together for 2years. The wife has left the house on her own, she


17-Nov-2023 (In Divorce Law)
The wife and the husband don't live together for 2years. The wife has left the house on her own, she has not been forced to do so. In the meanwhile she has come for a few times just to demand money, taken the money and went away. She hasn't stayed in the house for past 2 years. So on the basis of desertion can the husband file a divorce? They have a lot of problems between them and the wife is very demanding and torturing. The wife also files false cases against the husband and she gets favored every time only because she is a woman, but the accusations are false. As they do not stay together for 2 years and the wife has left the house on her own, the husband wants to file a divorce against her. Will that suffice? And how much time will it take for the divorce to get completed?
Answers (3)

Answer #1
751 votes
Dear client, As per the details provided by you my suggestions would be that you can file a divorce case against your wife on the ground of desertion and mental cruelty along with other valid grounds if any, but keep in mind that you will have to pay a monthly maintenance if she demands in the case and if she is not capable of maintaining herself. It is hard to say that how long will it take in your case because there are many factors responsible for the time taken in any case but still if everything goes in a normal way you can expect the results within two and half years.
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Advocate Vikram Ojha

Adv. Vikram Ojha

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Answer #2
607 votes
1. Two years of living separatly is enough for applying a petition on ground of DESERTION. 2. Monetary transactions must be fully proved in the bank statements for supporting your claim of mental torture and monetary extraction . 3. Previous cases pending must be contested based on no concrete findings during investigation in the case and a quashing of charges petition maybe filed in the higher courts of your state. 4. You may also apply for defamation compensation once your innocence is proven. 5. Time frame for a contested divorce cannot be predicted.
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Advocate Anubrata Dutta

Adv. Anubrata Dutta

LawRatoKolkata | 25+ Answers
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Answer #3
906 votes
It will take years to get divorce if not properly handled or taken care, a lot of planning needs to be done to trap a woman properly so that she cannot obtain maintenance just like that and filing of divorce will be not the right decision at this point, if husband files divorce, maintenance pendentilite will come running to him 1st and then the husband will be so badly trapped into litigation that he will feel suffocated and confused for life.
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Advocate Aveek Bose

Adv. Aveek Bose

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