desertion by the wife

Querist : Anonymous (Querist) 22 January 2010 This query is : Resolved
i am hindu.govt employee.my wife deserted me two years ago with pregnency dated 10-01-08 without any reasonable cause just bcause of EGO.after that i went her parental home and asked her to come for four times.the last i went to her on 12-05-08.all the times i went to her stayed only one single night.when should i file a divorce case under desertion of two years?is it january-2010?or may-2010?

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N RAMESH. (Expert) 22 January 2010
When you are able to meet her and stay with her on many occasions, try to find alternate solution.
In my opinion its not a fit case for divorce.

B K Raghavendra Rao (Expert) 22 January 2010

Show love and affection towards your child. Your wife may have something common in that aspect. Instead meeting your wife rarely, make it a habit to visit her every week or even once in three days. Thus re-establish your family once again.

A mere divorce would not solve your problem. Who would be responsible for your child in future? Ego of your wife would be temporary and try to convince her about the realities through some elders or well wishers.

Sachin Bhatia (Expert) 22 January 2010
First of all try to solve the matter with the help of elders of the family, if it does not work then go for divorce.

Guest (Expert) 22 January 2010
The exact phrase in the Act is - "has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition"

It does mean that desertion is from husband and not from matrimonial home. In your case, desertion of matrimonial home was Jan. 2008 and desertion of husband was May, 2008 and hence, my prima-facie opinion is that two years would be completed by May, 2010. While thinking about divorce, you have got other option of filing a case of restitution of conjugal rights also. Think about that also.

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