There are two aspects in this case. She is deserted with a child for the last 4 years. Now, if she does not want to put first step in the direction of divorce, then she can file a case under Section 125 Cr.P.C. for her and child's maintenance. Similar benefit is also available to her and the child under domestic violence Act. She and the child will get between 1/3 to 1/2 of the earnings of the husband. While fixing the maintenance amount in Rupees, husband's earnings in dollars or pounds, whatever is applicable, be taken into consideratin and also, his high cost of living abroad also will be taken into consideration. On the basis of these considerations, the maintenance amount will be fixed. She will be entitled to this amount till she maintains chastity and not remarried. The child's maintenance will be available till he becomes major, i.e., attaining the age of 18. The availability of this maintenance does not disturb the matrimonial relationship between the spouses, which means both are husband and wife and are not entitled to remarry till they obtain divorce decree as laid down in law.
Now comes the other aspect. If both want to get divorce by consensual method, it is called mutual consent divorce (MCD). In this divorce, between 6 to 7 months, without assigning any particular reason, both husband and wife by moving joint application can obtain MCD. While moving this MCD, the wife can discuss with the husband and can seek lumpsum amount for her and for child's maintenance. If he agrees to pay the same, that will be mentioned in the joint application.
If he does not accept for MCD and if she wants divorce, then she can file contested divorce case on the grounds of desertion, cruelty etc. on the basis of the facts of the case. During the pendency of this case, she will be entitled to maintenance and also litigation expenses. If she succeeds in divorce case and divorce is granted, she can move an application seeking permanent alimony (permanent maintenance). This amount will be decided on the basis of his earnings, his properties etc.
