What is desertion and how can it be proved

My husband did'nt allow me to enter a matrimonial house and I am away from him from one year. Does this mean it's desertion and divorce solid be granted to him on this ground. What is the limited time for desertion. I am staying in Delhi and my husband in gurgaon.

Answers (5)

331 votes

The desertion legally means where there has been no consummation of marriage for atleast 2 years there has to be a gap of two years to prove desertion,Therefore its one year of seperation in your case and dessertion can not be proved,But you definitely have different remedies which can be availed, if he is harassing you,you can file a complaint U/s 498A,406,34 at CAW cell besides that you can also file domestic violence case.

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315 votes


From your query it is not possible to know the complete facts of the case and in this situation it is difficult to clarify and advise you correctly. You are suggested to provide the complete facts.
Thanks and regards

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347 votes

Hi, there should be at least a period of two years living separately just before filing the application for the ground of desertion in divorce. And for the fault of your husband, its not easy to get him divorce. If he is not allowing you to enter into his gome , that's a point of cruelty on you. If he files case for divorce, you have to defend your case wisely. I suggest you to take help of a lawyer who would wisely tackle the situation into your favor. Hope for the best.

278 votes

Period of desertion is two years for obtaining divorce. In your case it is one year.so can be filed for divorce on the ground of desertion.
Since he does not allow you enter matrimonial house you can file section 9 petition for restitution of conjugal rights and also case under DV Act for other reliefs. I am in Delhi if you wish may contact me through this website for any clarification and or legal help.

320 votes

Desertion shall be for 3 years...n u need to join the company of ur husband if nt able to then u have to show court u have taken ample steps to rejoins the company ...n dissertation is easy ground bt need to be proves that steps were taken to rejoin the company

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