You can file for divorce on grounds of mental cruelty and desertion 

2) husband refusing to stay with wife for continuous period of 2 years amounts to desertion and is ground for divorce 

3) contested divorce cases take over 5 years to be disposed of 

4) mutual consent divorce takes 6 months 

Legal fees vary depending upon lawyer engaged by you 

Mam

if the divorce is mutual then the things are a bit easier as it will only take you 6 months to get a divorce decree but if one partner is not willing to divorce then the same will have to be contested on the grounds( what ever they may be)

if the divorce is contested, it might take along time( time can not be specifically mentioned).

even if you have been seperated for more than 3 years does not give you a good ground for divorce.

The cost cant be mentioned as it may vary.

you can initiate Divorce proceedings on the grounds desertion Or cruelty both physical and mental mentioned under Section 13(1)(ia) of the Hindu Marriage Act. 

contested divorce may take up to 1-3 years. 

lawyers' fee can vary from Rs 20,000 to Rs 1 lakh.

1. See if you and your husband agree for mutual divorce you may file joint petition before the family court , it will fast and the expenses will be less. The court may grant 6 Month or so time.for cooling period after recording of first motion though you may file tk waive off same.

2. In case he is not agreeing for mutual divorce you may file a contested divorce on ground of cruelty or desertion deepening upon facts and circumstances of your case. It may take years to settle if husband contest it and expense shall be of lawyers fee based on lawyer you engage.

If you have decided to opt for divorce, then opt for Mutual Consent Divorce.

Yes divorce can be granted without mutual consent also on the basis of the desertion 

No you need to seek contested divorce after claiming separation for the same. After that court can grant you divorce. 

Madam,

If your husband is not ready to go for mutual consent divorce, you may opt for the contested divorce on the grounds of desertion and cruelty and it may take about three years or so for completion of the same. The cost of the litigation is mainly the fee of the advocate engaged by you and the court fee is very less (even less than INR 500 in complete litigation.  

- The easiest and fastest way is mutual divorce , and for that the consent of your husband is mandatory .

- If he is not ready for the mutual divorce , then you can file a divorce petition.

-  Under the Hindu Marriage Act, Separation is a ground of Divorce, if the husband and wife have been living separately for more than two years at the time of filing petition. 

- Further, if the separation is more than 2 years period, then even without a reason, is a ground for a Divorce decree.

- Since, you have been separated for 3 years from him, then you are entitled to get divorce as per law.

- You should file a divorce petition before the court for getting the Divorce legally, on the ground of long period separation & Cruelty.

- Even, if, your husband wanted to live, the court will grant divorce, because there is no relation as husband & wife since long period. 

- Generally, contested divorce take much time , but later on this petition can also turn into mutual divorce , fi the parties agree to settle the dispute .

- If husband not agree , then you can file many other cases against him as well. 

- The cost /fee depends upon the lawyer ,to whom you engaged , and is not fixed.

The cost depends upon you how you're going to handle it .. if you alone are going to attend family court without lawyer and only guidance and consultation from behind. This will be cheaper as compared to hiring the lawyer.

Secondly the annulment procedure time you have lost, now either you apply for divorce or separation and ask maintenance or alimony from him or later he may come for mutual consent divorce.

MCD will take maximum, 6 to 7 months. In between, either can withdraw its consent. Contested diovrce take years.

You can apply for divorce from your place on the ground of mental and physical cruelty + desertion by husband for continuous 2 years.

Simultaneously can file other cases of DV, dowry demand, mental and physical violence, maintenance etc. to create pressure on him to agree for MCD. All cases can be file from your place.

No court fees, only advocate fees. Have to hire advocate wisely. Divorce if contested by husband than may take long time.

Apply in Mumbai, he may not appear in court due to long distance than court may grant you ex parte diovrce within a year or less.

Shalini,

if you want to terminate the matrimonial knot, then, try to settle the matter amicably with your husband involving elders/relatives/friends etc and go for Mutual Consent Divorce which will be decided in 6-18 months, and you both will be free to live life with your wish,

don't forget to draft an MOU before approaching Mutual Divorce, which is the most essential and important part of a Divorce case,

some basic points to keep in mind and put in writing through an MOU before filing the petition for mutual consent divorce are custody of kids, distribution of assets (movable/immovable), quash/withdraw of pending litigation if any, Maintenance (present/future), Alimony, mode and time of making the payment, streedhan, future litigation, etc.

if failed, you are advised to file/claim:

498a complaint 

Domestic Violence case 

the sole purpose to file the above two cases is to put some pressure on your husband to make him agree for the divorce,

you can also file the contested divorce on the grounds of separation, cruelty but it will indulge you in never-ending litigation,

If your spouse is not entertaining the idea of mutual consent divorce then you can file a contested divorce on the grounds of cruelty and desertion.

The time taken for disposal in the normal circumstances may be around two to three years.

The advocate fee can be enquired from the advocate whose services yo may like to engage

The divorce petition can be filed and grounds must be specified therein. Desertion is a ground for divorce but only when the party who was left files it. As you both have deserted each other either one of you may file it. There may be otgwr grounds too.

Now the fee varies and cannot be discussed or disclosed here as it has been prohibited.

If he refuses then too you may get divorce if you prove your grounds. May take around 1-1 1/2 years.

1. Mutual Consent Divorce under Section 13B of Hindu Marriage Act is the simplest and only hassle free process in India to dissolve a marriage that has strained beyond repair. It takes 6 months for the process to culminate from the date of filing of the petition if all the documents are in order, but this cooling off period can also be waived or shortened by the courts now. A positive agreement has to be reached between spouses on all issues such as maintenance/permanent alimony, child custody, division of assets, etc.

2. If there is no positive agreement on mutual divorce then you may unilaterally file petition for dissolution of marriage on one of the grounds mentioned under Hindu Marriage Act.Contested divorce takes around 2 years at least.

Filing a divorce petition is a procedure to get divorce and this should be followed by everybody so funny starting this process you have to send a legal notice your husband as your living separately you have to put the option of mutually consented divorce procedure in case it is agreed by him then you have to file a divorce petition on this ground to get divorce please note that the court has to take its own cooling time after 6 months before providing you any date increase things goes well as per the decision by both the parties you may get your divorce as quickly as possible from the court if it is not contested by any other party consented divorce procedure in case there is any contest from any other party than this petition will be decided by the court as a contested divorce petition

You can file for divorce and wait for him to appear in the court , which may take some time for him to appear in the court..

From examining all the facts of your query I want to say that-

Shalini,

These cases are very common in various Courts of India and Supreme Court of India. I can understand your problem. At times, despite our best efforts, life takes a turn for the worst. We may have wanted different things from life, but life’s got its own plan as well. A bad marriage is something which nobody hopes for, but at times, that’s exactly what we are given and forced to face head on. Marriages are hard. Divorces…even harder. Nobody enters a marriage thinking about a divorce in the end. If some are unable to cope with the harsh realities of marriage, the only viable option in front of them is to approach the Court and seek legal separation by way of mutual consent divorce. I have dealt with many such cases in Supreme Court.

Supreme Court held that the minimum cooling period of six months for granting the decree of divorce under the Hindu law can be waived by a trial court if there was no possibility of cohabitation between an estranged couple. The 1955 Hindu Marriage Act provides for a statutory cooling period of six months between the first and the last motion for seeking divorce by mutual consent to explore the possibility of settlement and cohabitation. Court said that we are of the view that the period mentioned in section 13B(2) is not mandatory but directory; it will be open to the court to exercise its discretion in the facts and circumstances of each case where there is no possibility of parties resuming cohabitation and there are chances of alternative rehabilitation. The minimum period of six months can be relaxed by the trial court in certain situations and the estranged couple, who are seeking divorce with mutual consent, can file waiver application after a week of filing the first motion.

If the Court dealing with a matter is satisfied that a case is made out to waive the statutory period Under Section 13B (2), it can do so after considering the following:

1. The statutory period of six months specified in Section 13B(2), in addition to the statutory period of one year Under Section 13B(1) of separation of parties is already over before the first motion itself;
2. All efforts for mediation/conciliation including efforts in terms of Order XXXIIA Rule 3 Code of Civil Procedure/Section 23(2) of the Act/Section 9 of the Family Courts Act to reunite the parties have failed and there is no likelihood of success in that direction by any further efforts;
3. The parties have genuinely settled their differences including alimony, custody of child or any other pending issues between the parties;
4. The waiting period will only prolong their agony.

The waiver application can be filed one week after the first motion giving reasons for the prayer for waiver. If the above conditions are satisfied, the waiver of the waiting period for the second motion will be at the discretion of the concerned Court. The Court can also use the medium of video conferencing and also permit genuine representation of the parties through close relations such as parents or siblings where the parties are unable to appear in person for any just and valid reason as may satisfy the Court, to advance the interest of justice.

Following is the procedure to file mutual divorce:

1. Petition to file for divorce

Firstly, a joint petition for dissolution of marriage for a decree of divorce is to be presented to the family court by both the spouses on the ground stating that they have not been able to live together and have mutually agreed to dissolve the marriage or they have been living separately for a period of one year or more. This petition will, then, be signed by both the parties.

1. Appearing before Court and inspection of the petition

Both the parties will have to appear before the family court after the filing of the petition. The parties would present their respective counsels/lawyers. The court would critically observe the petition along with all the documents presented in the court. The court may even attempt to bring reconciliation between the spouses, however, if this is not possible, the matter proceeds for further follow-ups.

1. Passing orders for a recording of statements on oath

After the petition is scrutinized by the court and it satisfies, it may order the party's statements to be recorded on oath.

1. First Motion is passed and a period of 6 months is given before the Second Motion

Once the statements are recorded, an order on the first motion is passed by the court.

After this, a six months period is given to both the parties to a divorce, before they can file the second motion.

The maximum period to file for a second motion is 18 months from the date of presentation of the divorce petition in the family court.

1. Second Motion and the Final Hearing of petition

Once the parties have decided to go further with the proceedings and appear for the second motion, they can proceed with the final hearings. This includes parties appearing and recording of statements before the Family Court.

1. Decree of Divorce:

In a mutual divorce, both parties must have given consent and there shall not be any differences left in the matters related to contentions regarding alimony, custody of a child, maintenance, property, etc. Thus, there needs to be complete agreement between the spouses for the final decision on the dissolution of marriage. If the court is satisfied after hearing the parties that the allegations in the petition are true and that there cannot be any possibility of reconciliation and cohabitation, it can pass a decree of divorce declaring the marriage to be dissolved. The divorce becomes final once the decree of divorce has been passed by the court.

Every lawyer will charge you separately per appearance and for any consultation and paper work. A mutual consent divorce is likely cost anywhere from ₹5,000 to ₹50,000, depending on the complications of the case and the experience of the lawyer. It can take up to 6 months for mutual consent divorce and for contested divorce it can take up to 2-3 years. Since you have been separated for more than 3 years, divorce can be granted even if it's not mutual. I can understand your position as your husband is not agreeing for mutual consent divorce for quite a long time now and also you may not be able to find solid contested divorce ground. Legal Notice through Advocate can be sent in this regard. You can seek help from elderly people in your family. You can also visit a family counselor. The role of a family counselor is an extremely important one in today’s society. There are many individuals who have issues that need to be resolved yet are unable to do so on their own in an effective manner. This is where family counselors enter the picture. These individuals help others when they need to work out issues and need an unbiased individual to help them to do so. A family counselor is an individual who treats married couples or family members in order to help them overcome mental or emotional problems that may result within the home. The family counselor will diagnose any disorders and provide effective treatment measures in which to help the family members resolve their issues. Better would be to discuss in detail with complete facts of your case.  

I hope you and your family are safe and healthy. Stay home and be safe during Covid-19.

You may contact my secretary to connect with me for clarification.

Gopal Verma,

Advocate-on-Record & Amicus Curiae,

Supreme Court of India

1. If your husband will not agree for mutual consent divorce then you need to file petition for divorce on ground of dissertion and mental cruelty.

2. Cost will depend on the advocate you hire but it can be claimed from your husband as litigation expenses and interim maintenance.