My wife left the matrimonial home 2 years ago and is not coming back. Can I file for divorce on grounds of desertion?

Detailed Legal Analysis

You can file for divorce on the grounds of desertion under Indian law, specifically under Section 13(1)(b) of the Hindu Marriage Act, 1955, which recognizes desertion as a valid ground for divorce.

Desertion is defined as the voluntary abandonment of one spouse by the other without reasonable cause. To successfully file for divorce on these grounds, certain conditions must be met:

• Continuous Desertion: You must prove that your wife has deserted you for a continuous period of at least two years. In your case, since she left two years ago, this criterion is met.
• Intent to Desert: It must be established that her departure was intentional and that she had no intention of returning. If she has not communicated any intentions of returning, it strengthens your case.
• No Consent: You must show that there was no mutual consent for her to leave the matrimonial home.
• Proof of Non-Cohabitation: You will need to provide evidence that you have not cohabited since her departure. This can include witness statements or other documentation that supports your claim.

To initiate the divorce proceedings, follow these steps:

• Draft a Petition: Prepare a divorce petition stating the grounds of desertion and including all relevant details of your marriage and the circumstances of her departure.
• File the Petition: Submit the petition to the Family Court in Patna. Ensure that all required forms are filled out correctly and that you have copies for your records.
• Attend Court Hearings: After filing, you will receive a date for the first hearing. Be prepared to present your case and any evidence supporting your claims.
• Wait for Judgment: If the court is satisfied with the evidence provided, it will issue a decree of divorce. This process can take time, depending on the court's schedule and any potential contestation by your wife.

It is advisable to consult with a family law attorney who can guide you through the legal process and ensure that you have all necessary documentation and evidence to support your case effectively.