What is desertion?

Dear Querist,

Desertion means when one spouse withdraws from the company of the other without justified reason/excuse. It is composed of two elements :-

i) Physical Seperation;

ii) Animus Deserdendi (that is the intention to put an end to cohabitation)

In your case both the elements appear to be proved. The proof that you are talking about - is good, and might see you winning

Mr. Bharat,

If am able to to prove my cause as you say it looks stronger in my case, can she still fight for maintenance/alimony?

Thanks,

Any expert there than answer my question about alimony/maintenance? 

Mr. Bharat?

How  ur wife treated you/ not in society of each othere/ is desertion, you  named yourself desertedhusband  is truely named and understood by you, as u r matured in desertion for ober 2 years. 

No wife just accept it, so she will try to prove, it is you, who throw me out of home, and treaed me with cruelty, and  & & ...

so do not think, it is so easy to prove , and hence alimony and mtn will be payable by you to your wife [98% chances]  that u have to pay. In case if she or her Adv is a bit fool, u have 2% with you. ]

You  are eligible to file Divorce case,  under sec 13  HL for desertion & cruelty. 

Hello Mr. Shroff, 

thanks for your reply. I have question here, You say I will have to prove that my wife deserted me. can you plese guide what kind of proofs will be entertained by court, i have emails, requesting her to come back, i have copy of return ticket, etc. some more evidences also, and you also say that she will counter attack by blaming me for cruelty, bad treatment, throw me out of home etc...will she not asked to prove that? will court not ask her that where was she for two years and if I had been treating her like that then why did she never filed any police complaint ? why she is giving these excuses only after i filed divorce case...please guide, sir.

thanks

Either of the spouse's withdrawl from the society (at his/her own choice) without justification for more than one year is desertion, onus of proof lies on the petitioner.

@ Deserthusband,

As mentioned by experts you fall in 2 % category but i suggest you try to prove that she deserted you. There has been instances when wife walks away from matrimonial house and then later claims alimony/maintenance to bring husband down but for that she has to prove a valid reason therefore don't let your moral down buddy. Trust me just like you there are lots of people who fall in 2 % category eventually one day that 2 % is going to be 100 % and then see how court will decide matter based on merits..........