My wife left me 2 years ago and is living separately, can I file for divorce on the ground of desertion?

Detailed Legal Analysis

Yes, you can file for divorce on the grounds of desertion under Indian law, specifically citing Section 13(1)(b) of the Hindu Marriage Act, 1955, if your wife has left you without reasonable cause for a continuous period of two years.

Desertion is a serious ground for divorce and is defined as the voluntary abandonment of one spouse by another without consent and without a reasonable cause. Here are the key points and steps you should consider when filing for divorce on the grounds of desertion:

• Grounds for Desertion: You must establish that your wife has left you without justification. Key elements include:
  • Your wife must have left your matrimonial home voluntarily.
  • The separation must be for a continuous period of at least two years.
  • There should be no reasonable cause for her leaving.
• Filing the Petition: To initiate the divorce process, you will need to file a petition in the Family Court under:
  • Section 13(1)(b) of the Hindu Marriage Act, 1955.
  • Provide details of the marriage, the period of separation, and evidence of desertion.
• Evidence: Gather evidence to support your claim. This may include:
  • Documents proving your wife's absence (e.g., communication records, witnesses).
  • Proof of efforts made to reconcile or locate her.
• Legal Representation: It is advisable to engage a lawyer who specializes in family law to assist you with:
  • Drafting the divorce petition.
  • Representing you in court hearings.
• Court Proceedings: Be prepared for:
  • Court hearings where both parties will present their cases.
  • Possible mediation sessions to explore reconciliation.
• Final Decree: If the court is satisfied with your evidence and finds in your favor, it will grant a divorce decree.

It’s important to note that while desertion can be a ground for divorce, the legal process can be complex and may require time and patience. Consulting with a legal expert will greatly benefit your case.