Husband deserted working wife since 8 months

Experts please reply

1. File a RCR application

2. If she still not returns she will forfeit her right of maintainence.

3.A decree of divorce can be granted on sam egrounds

RCR is useless.

Husband cannot force her to join through a doc but he wants her to understand with time as he has already made all his efforts before leaving her.

Here main motive is to wait for some time before taking any big step but husband is worried that desertion can go against him.

So the main question here is with that kind of education/salary, can wife win mantainance due to 9-10 months of desertion is she initiates divorce,DV,498a?

Ok, so as per the questions asked with no details for the reason of desertion, the answers as per my legal knowledge are:

1. No, husband should not worry about wife claiming maintenance u/s 125 of the Cr.P.C. as although it is the duty of the husband to maintain her wife but if the husband shows a sufficient cause for his "supposed" desertion coupled with the fact that the wife is well-educated (capable of working/earning) and is infact working and drawing a handsome salary, the court would not grant any maintenance to the wife.

2. Dersertion can go against the husband if she filed a case for Divorce on the grounds of Desertion by the Husband. Desertion must be for 2 years of more. She can file a case under DV act and then say that you went away and deserted her or she may even accuse you of adultery followed by desertion. So there are a lot of possibilities.

3. Husband must show sufficient cause for his "supposed" desertion to save himself under any kind of case filed by the wife.

Ok, so as per the questions asked with no details for the reason of desertion, the answers as per my legal knowledge are:

1. No, husband should not worry about wife claiming maintenance u/s 125 of the Cr.P.C. as although it is the duty of the husband to maintain her wife but if the husband shows a sufficient cause for his "supposed" desertion coupled with the fact that the wife is well-educated (capable of working/earning) and is infact working and drawing a handsome salary, the court would not grant any maintenance to the wife.

2. Dersertion can go against the husband if she filed a case for Divorce on the grounds of Desertion by the Husband. Desertion must be for 2 years of more. She can file a case under DV act and then say that you went away and deserted her or she may even accuse you of adultery followed by desertion. So there are a lot of possibilities.

3. Husband must show sufficient cause for his "supposed" desertion to save himself under any kind of case filed by the wife.

Read your PM

1. I support @ Prashant's generic views. However when S. 125 CrPC proceeds it is 'duty' of wife to show sufficient cause of 'desertion' and it is not that the burden shifts upon a husband :-)
1.1 Read one of my old reply where I explained three types of "desertion" and moreover your query smells more of "seperation due to unknown reasons" not expressed in open forum kind of ball game to me which may be besides the point at this stage of pre-litigation
1.2 As a after thought, invite her via Notice issued from District Legal Aid Services Authorities as whole brief is revolving around alternate dispute readresal during pre-trial stage of a couples marital disharmonious stage. Clarity to your alleged usage of word 'desertion' may get striked upon her and also upon you and marriage may or may not then get to see floors of a Court instead of right now recalling college days joke on "height of innocence under a banana tree.........." kind of limbo situation your brief smells atleast to me. 
2. I feel I should not add more to which @ Prashant expressed via his openning views for the time being.

Hi Prashant

Thanks!!!

So for the moment I will assume that this desertion (the reason of desertion whatever may be but as discussed verbally among husband,wife so thus cannot be proven legally) will not go against him considering her "very" high education and sound package.

So I am letting the time play its role.

Regards

Hi Prashant

Thanks!!!

Husband wants to join wife anytime but after she also realizes the importance of this relation.

The reason of desertion, whatever may be but as discussed verbally among husband,wife so thus cannot be proven legally. She "MAY" claim, as happened with others, DV or 498a and say husband has deserted but husband is ready to join her at any moment.

So for the moment I will assume that this desertion  will not go against him considering her "very" high education and "sound" package.

So I am letting the time play its role.

Just in case anybody can think of any pitfall then please suggest

thnks & rgds