Divorce

Divorce has nothing to do with maintenance.  You and your child are eligible for maintenance from husband till you remarry or if you don't remarry till your death.  Maintenance does not mean not mere payment for subsistence, courts in India have ruled that the wife is eligible for maintenance at par with the social and financial status of the husband.  So whatever standard of living that you and your son would have been eligible for, if you had been part of his home, you are eligible to enjoy that standard of living till you remarry or till your death whichever is earlier.  You can contest divorce by rejecting his allegations or you can accept divorce and demand permanent alimony as part of Mutual Consent Divorce.  Here you will get a lumpsum amount as full and final settlement. 

You are eligible for permanent alimony under Sec.25 of HMA. You can file application for permanent alimony in reply to his Divorce petition.  But this maintenance you will get at the time of passing of decree by the court.  You should also file for pendente lite maintenance under Sec.24 of HMA which makes you eligible for maintenance during the pendency of litigation. 

You are also eligible to file for maintenance under Sec.125 Cr.PC. and Sec.20 of DV Act. 

Apart from this, you are eligible for compensation or damages for domestic violence (deserting you for so many years amounts to mental cruelty which is domestic violence according to DV Act), under Sec.22 of DV Act. 

My advise is apply for permanent alimony under Sec.25 of HMA and also for Pendente lite maintenance under Sec. 24 of HMA along with filing for maintenance and Compensation under Sec.20 and 22 of DV Act.  The maintenance under DV Act is in addition to what you may get under other legislations. 

Thank you Sir. I needed one more clarification, Since it's going to be 10 years I'm married and seperated for 5 years in that..how long will the divorce proceedings take? 

In case I remarry, what happens to my son? Will he still be eligible for child support from his father?

Can I still meet his parents so my son can get time to spend with his grandparents? They have been extremely nice to me and supported me throughout ..

Thank you once again.

If you are intended to remarry and keep the custody of the child, it is better for you to take divorce on mutual consent, which takes six months period.  In this, you put proposal of lumpsum amount as alimony for the damages/compensation and also future expenses of your son till he becomes self sufficient and also permanent custody of the child.  When you remarry, first get clarification about the future of your child with your would be.  Having good relations with your in-laws and keeping your child in their contact has nothing to do with your divorce case.  If grand parents would like to keep the child for some days and if you have no objection, then no one can object it except your future husband.

If you are intended to remarry and keep the custody of the child, it is better for you to take divorce on mutual consent, which takes six months period.  In this, you put proposal of lumpsum amount as alimony for the damages/compensation and also future expenses of your son till he becomes self sufficient and also permanent custody of the child.  When you remarry, first get clarification about the future of your child with your would be.  Having good relations with your in-laws and keeping your child in their contact has nothing to do with your divorce case.  If grand parents would like to keep the child for some days and if you have no objection, then no one can object it except your future husband.

The alimony/one time settlement amount will depend on the following factors:

1.  Your loss of job opportunity and loss of earning.

2.  His financial status.

3.  Yours and your child's future expenses, especially your child's medical and educational and sustenance expenses.  Similarly your expenses on these three counts, supposing you are not going to be married.

@Fiona.  I am sorry for giving you wrong advise.  You are a Christian and so HMA is not applicable for you.  You have to go under Indian Divorce Act for seeking Divorce and Permanent alimony and Pendente lite Alimony.  You can file for pendente lite alimony under Section 29 of Indian Divorce Act, and permanent alimony under Section 30 of Indian Divorce Act. For divorce you should go under Sec.10 of Divorce Act, 1869. Two years desertion by husband is sufficient to file for divorce as per amendment made to Indian Divorce Act, 1869 in the year 2001.