I am a working woman, married in February 2014. After marriage I have been subject to mental torture (verbal abuses) by my in laws. Also, my husband is very indifferent towards me. He is too busy to spend time with me and hardly cares. If I complain, he says I have a mental problem. I have come to the conclusion that we have compatibility issues and hence I am taking a transfer and moving to a different country on a two years contract - this decision was taken after my husband confirmed (verbally) he has no objection with this arrangement.
My question is - after 2 years, can my husband claim divorce on the grounds of abandonment? In that case, will I be penalized? I would have preferred to divorce him now with mutual consent, but he is not ready give me divorce now. But I am afraid that after two years, he might not only file for a divorce but ask for compensation as well. How do I safeguard my interest here?
Asked 3 years ago in Family Law from Kolkata, West Bengal
1) your husband can file for divorce on grounds of desertion if you have stayed separate for over 2 years
2) section 13 (1) (b)of hindu marriage act provides that If one of the spouses voluntarily abandons his/her partner for at least a period of two years, the abandoned spouse can file a divorce case on the ground of desertion.
3) if your husband is working you dont have to pay him any maintenance . no question of payment of compensation arises
1) If he is not willing for a Mutual Consent divorce now don't persuade him for it now.Your decision to take a break and be deliberately away is a good choice.No harm will be done.
2) He may succeed in filing for divorce on grounds of desertion or file a Restitution of Conjugal Rights. Once the RCR(restitution of conjugal rights) is decreed and if you fails to join him that can form ground for divorce.
3) Do not bother about whether he succeeds in filing a contested divorce and succeeds it as there is absolutely no penalty imposed on you on that basis. You can choose either not to respond to the petition and remain absent throughout allowing him to get an ex parte divorce decree.
4) Alternately you can file your reply expressing your wish to settle the dispute through a mutual consent divorce.
1. This is not desertion as provided for under Marriage Laws of the country which is a ground for divorce. So your husband can not take up this as a ground for dissolution of marriage.
2. You have nothing to worry at all. Now concentrate on your career and once your husband agrees for mutual divorce go for it.
In divorce suit there is no scope for asking compensation by the husband.
1. If you are transferred to another country by your employer, your such moving out to another country for professional/official mreason can not be treated as abandonment,
2. For getting the decree of divorce your husband has to file an application seeking the said decree on valid grouns acceptable by the Act and there is ground as such for seeking divorce from you as of now,
3. He is employed. So, he can not claim any maintenance from you and there is no scope for his asking for compensation from you.
After two years you can file Divorce Suit and your husband would not get advantage for two year relation gap. He can file Divorce Suit but there no provision for compensation, so there is no question of compensation. Rather you can claim alimony as per provision of law.
Seeking compensation through a divorce proceedings is generally done by women and not men, so there is no reason for your fears in that aspect.
If you abandon him and stay away from him for a period of two years or more, he can very much file a case for divorce on the grounds of desertion and non cohabitation, the law cannot forbid him from doing so.
The compatibility and difference of opinion is a commonly prevailing issue between educated and working couples these days, so there is no surprise if you also face a similar situation.
going abroad for the reason of compatibility is not justified, you may resolve the issue by reconciling them if at all you identify the problem and live happily together with him here itself because the present proposal or decision will actually widen the gap and the distance between you both.
Look for alternative solutions.
In any case he cannot seek compensation from you even if he is choosing to divorce you so you need not worry on that aspect.
1. Your husband may claim divorce on the ground of cruelty. The court will give you an opportunity to contest the proceedings launched by him.
2. If the marriage is dead for all practical reasons then you and your husband may file for mutual divorce now.
3. Your husband has no right to seek compensation from you.
If you stay separately for two years you will be entitled for divorce. He cannot claim any compensation rather you can claim alimony at the time of divorce. Even if you want divorce through mutual consent law requires couple to stay separately for minimum one year and there is no limit for maximum period.
So good if you are staying separately for two years you may think and decide better whether you want to continue or not. Then after two years if you are still firm you may file divorce petition in the family court. Keep a record of his earnings at the time of divorce it will be helpful for you.
If he is not ready for mutual consent divorce then no need to worry. Sit tight and wait and watch. When he will file TT he cade against you for divorce then fight the case on merit and take help of lawyer and family court counselor to convert the matter into mutual consent divorce.
There is no penalty in divorce cases for women.
You can contact over the phone after pay the consultation fee which is very nominal.
Advocate, New Delhi
1. Desertion for 2 years is a valid ground for divorce, in your case it is not amount to desertion because you have taken his consent. you should keen in touch with your husband. complete dissociation is constitute desertion.
2. if you find that your husband want to file divorce you should file application for restitution of conjugal rights.
3. don't file divorce at this stage because it will give him a chance to cause disturbance in your life. go to study and be in touch and avoid to escalate this issue.
1. be careful in talking with your husband and always try to understand his intention about his future step.
2. if you seem any change in his behavior then file application under sec 9 for restitution of conjugal rights if there is no other way to restore your relation.