My husband deserted me 5 years ago and is living with another woman. Can I file for maintenance and divorce?

Detailed Legal Analysis

Yes, you can file for maintenance and divorce in India due to your husband's desertion for over five years.

Under Indian law, specifically the Hindu Marriage Act, 1955, desertion is a valid ground for divorce. Since your husband has abandoned you and is living with another woman, you have sufficient grounds to initiate divorce proceedings. Additionally, you can also file for maintenance under Section 125 of the Code of Criminal Procedure, 1973 (CrPC).

Here are the steps and requirements for filing for maintenance and divorce:

• Filing for Divorce:
  • Gather Evidence: Collect documents or proof demonstrating your husband's desertion (e.g., communication records, witness statements, etc.).
  • Grounds for Divorce: You can cite desertion under Section 13(1)(ib) of the Hindu Marriage Act, which states that one party can file for divorce if the other has deserted them for a continuous period of not less than two years.
  • Legal Notice: It is advisable to send a legal notice to your husband informing him about your intention to file for divorce.
  • Pleadings: Draft a divorce petition stating the grounds and facts clearly. This petition needs to be filed in the family court in your jurisdiction.
  • Court Proceedings: Attend court hearings as required. The process may involve mediation and other hearings.
• Filing for Maintenance:
  • Eligibility: Under Section 125 of the CrPC, a wife is entitled to maintenance if she is unable to maintain herself.
  • Filing Application: You need to file an application for maintenance in the magistrate's court in the area where you reside.
  • Evidence of Need: Provide evidence of your financial needs, living expenses, and your husband's financial capacity to pay maintenance.
  • Interim Relief: You can request interim maintenance during the proceedings, which the court may grant based on the circumstances.

It is essential to consult with a qualified family law attorney who can guide you through the legal process and help you with drafting the necessary petitions and documents.