Can husbands file desertion cases after prolonged separation?
The parties are Hindus who lived together for seven years and have been separated for the last five years. The wife is unemployed, has no independent residence, and there are no children from the marriage. If the wife files a maintenance case and subsequently opts for mediation to pursue a mutual divorce, and the husband agrees to the settlement, kindly clarify the following: 1. What is the approximate minimum and maximum duration of the entire process, including filing the maintenance case, issuance of summons, filing of the husband's reply, mediation proceedings, conversion to mutual divorce, and obtaining the final decree? 2. What would be an appropriate approximate lump-sum one-time settlement for an unemployed wife with no children or independent residence, where the husband earns ₹50,000 per month and has no known assets or liabilities? 3. After five years of separation, would it be worthwhile for the husband to file a petition under Section 9 of the Hindu Marriage Act or a case alleging desertion in response to the maintenance proceedings or a legal notice seeking divorce, particularly if the wife had valid reasons for living separately?
Dear Client, there is no fixed timeline for the process. It can be quicker if both parties agree to a mutual consent divorce. There is however, no fixed amount under law as it depends on various factors such as financial conditions of the parties, circumstances, age, health etc. The husband may file such a case. But its success will depend on the facts. Thank you. Do not hesitate to reach out to us in case of further queries.
If both parties agree during mediation, the process may conclude relatively faster, subject to court timelines. The amount of lump-sum settlement depends on factors such as the husband's income, the wife's financial dependence, duration of marriage, and future needs. Any claim under Section 9 or desertion after prolonged separation will be assessed based on the evidence and circumstances of the case. For further legal assistance contact us on our helpline number.
Related Questions
24x7 Help
If we fall short of your expectation in any way, let us know
Payment Trust
All refunds come with no questions asked guarantee
