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I want to file for divorce as my wife has been living separately for the past five years. She has given a written statement in 2020 stating that she is not living with her husband. A maintenance case under Section 125 CrPC is pending before the Allahabad High Court. I currently reside in Bareilly, Uttar Pradesh. Please advise on the legal process.
Since your wife has been living separately for over five years, you can file for divorce on the ground of desertion under the Hindu Marriage Act, 1955. The pending Section 125 CrPC case does not stop divorce proceedings. The written statement and long separation strongly support your divorce case. For further legal assistance contact us on our helpline number.