Is this counted as desertion ?

No.  It wont amount to curelty and desertion.

No it is not desertion and it is not cruelty

It`s slightly cruel from the girl`s point of view but not cruelty or desertion as defined by law.You were worried about protecting your husband from bigamy charges,so is it the same individual who you are posting about?

^^^

If it were slightly cruel.  Almost all of our jawans who serve in the army would have been in jail.  Lolz

    Yes if you want to get Divorce from him then your Lawyer can easily term it as Desertion.You are not living together and there is no Domestic Relationship between both of you as you only met your husband few days after marriage in the last 2 yrs.

     This cannot be compared with Jawans in Army who are stationed at forward base as these Jawans also get more than a month leave to visit their family whereas your NRI husband as mentioned by you only visited Indian few weeks in a year.

Your Lawyer can easily file 498a against him using the world CRUELTY as denying you a family life and not living together is Cruelty.I don't think its possible to file DV as you never ever lived together in Domestic relationship.

Desertion is cruelty and one can also file cheating case against the husband if he does not take you along with you.

It amounts to nothing...

Regards

Chetan(dot)7679(at)gmail(dot)com

With advisors like Nitin what more can you expect ?  Some more divorce cases, some more irretrivavbly broken marriages, some more broken homes...

Its my general observation that...

Differences in a marriage will be there between parties.  Such can be sorted out, just letting go the ego.

After trying each and every means to sort out the problem at hand, and no solution comes out, only then one has to apporach the lawyer.

Even then the said wife will  not be knowing what actually it means by a DV case or a 498a and the implications there after.  It should be the moral responsibility of the lawyer to tell to the prospective client the ill effects of filing a false case under 498a/DV.

They end up listening to the lawyer and file a 498a case with the hope that they will get justice.

Actually there is no  justice in a 498a/DV case.  It only helps in widening the rift between husband and wife.  In short such cases help digging your own grave.

Instead of doing all of the above circus, its better to part ways by filing MCD.

I have already posted my case asking how to save my husband from Bigamy charges and this post is for my best friend she is having another problem with her husband who always lived out of India and he never took her along with him and now its more than 2 years she feels its desertion and they are also not in good terms.She was saying that her husband don't care for the marriage and he always says he never lived with her so she cannot file any case againt him and he can always prove with his passport that he was living outside so she cannot claim any maintenance.

She was thinking to file divorce and maintenance on basis of desertion but when you all say this is not counted as desertion then what should she do ?

Originally posted by : Payal Jain
	I have already posted my case asking how to save my husband from Bigamy charges and   this post is for my best friend she is having another problem with her husband who always lived out of India and he never took her along with him and now its more than 2 years she feels its desertion and they are also not in good terms.She was saying that her husband don't care for the marriage and he always says he never lived with her so she cannot file any case againt him and he can always prove with his passport that he was living outside so she cannot claim any maintenance.   She was thinking to file divorce and maintenance on basis of desertion but when you all say this is not counted as desertion then what should she do ?

In your case husband does come for a few weeks once in a while and stays.

When husband does never show up at your place, then definitely it amounts to desertion provided there is no contact over phone, email etc.  As he can always prove that he has kept in touch with his wife, and get the divorce petition dismissed.

In this case as the patidev seems to be somewhat adamant, remember always one thing, it takes two to tango, something might have gone wrong somewhere, one incident leading to the another, and the husband is behaving like this.

Why not sit down and talk?  Try to find a alternative?

IF nothing is possible, file for divorce, seek maintenance, if he contests, then be ready to roam to court halls for years together.  There are many ways to get him down to his knees, but those are of no help in getting two people back together.

And please post different queries in different threads.