Married Couple living seperately

Please tell me whether the husband deserted the wife or the wife deserted the husband or whether the separation is under mutual consent.

Originally posted by : D Narasimhan
	Husband & wife living seperately for 3 years without any communication. Wife is raising their girl child on her own. Does law permit for the husband to leave the family and file divorce or revoke marriage due to the separate living.How to safeguard the rights and benefits for the suffering female child & mother struggling seperately and fix the responsibility of the husband. Want to go thro legal process to ensure rights of the female child & mother. Not interested to go thro police or other source of arbitration/consultation arc. Thx

As you are not interested in approaching court, police better keep good amount of money as deposit which can get good monthly returns.  Such deposit be kept in childs name.That is best way forward. As things are tight, it is better not to approach lawyer, lawyer will make false hopes and after some time when you stop paying fees, he will try to use you.  I feel that you people have assumed that courts are ATM machines where you can go monthly and withdraw cash.

The query appears to be posted here on behalf of the Wife.  Husband can very well file a case of desertion. Of course, he has to prove the same.  However, the fact of wife and husband living separately is a good point on his side.  In case wife wishes to proceed against the husband, first of all what is the capacity of the husband? Is he into money or atleast having a decent job getting good salary from which you can ask for maintenance?

In which case, Court may view the matter from the angle of whether Wife requires maintenance. It all depends upon all the points related to wife and husband in the case. It is difficult to give advise with just a few facts.