What Should I Do If My Wife Abandons Me And Files For Divorce Later?

If your wife abandons you and later files for divorce, you still have legal rights and protections under Indian family law. The situation can be emotionally challenging, but it is important to take the right steps to ensure your interests are protected.

Steps to Take If Your Wife Abandons You and Files for Divorce:

1. Understand Abandonment Under Indian Law:
   • Abandonment refers to a situation where one spouse deserts the other without reasonable cause or consent. In India, abandonment can be used as a ground for divorce under the Hindu Marriage Act and other personal laws, but it must be proven in court.
   • Abandonment for a continuous period of at least two years is one of the grounds for contested divorce under Section 13(1)(b) of the Hindu Marriage Act, 1955.
2. Document the Abandonment:
   • Keep a record of when and how your wife left the marital home. If possible, gather witnesses or any communication (such as messages, emails, or letters) that shows she left without your consent or reasonable cause.
   • Evidence is crucial if you need to establish abandonment as a ground for your own petition for divorce or to challenge her claims.
3. Respond to Her Divorce Petition:
   • If your wife has filed for divorce, you will receive a petition from the court. You have the right to contest the divorce if you do not agree with her claims or if you believe the marriage can be salvaged.
   • Even if she has abandoned you, she can still file for divorce under mutual consent or contested grounds. If she is seeking alimony or maintenance, you will need to respond to these claims in court.
4. File a Counter-Petition for Divorce (If Desired):
   • If you believe the marriage cannot be saved and want a divorce on grounds of abandonment, you can file a counter-petition or your own divorce petition under Section 13 of the Hindu Marriage Act. The ground of abandonment can be used if she has been living separately without consent for at least two years.
   • Desertion is a ground for divorce, but it requires proving that she left without any reasonable cause and that her abandonment has been ongoing for at least two years.
5. Claim for Maintenance:
   • If your wife has left you, she may still be entitled to maintenance under Section 125 of the Criminal Procedure Code (CrPC), especially if she is unable to support herself. However, if she has abandoned the marriage without cause, you may challenge her claim for maintenance based on desertion.
   • You can also file for maintenance for yourself if she is the breadwinner, and you are unable to support yourself.
6. Child Custody (If Applicable):
   • If you have children, custody arrangements will be determined by the court. Both parents generally have equal rights to their children, and the court will make decisions based on what is in the best interests of the child.
   • In case of abandonment, if your wife is not actively involved in the child’s upbringing, you may have a stronger case for custody.
7. Seek Legal Advice:
   • It is essential to consult a lawyer who specializes in family law to understand your rights and develop a legal strategy to protect your interests.
   • A lawyer will help you prepare the necessary evidence, file the appropriate petitions, and represent you in court if needed.
8. Attend Court Hearings:
   • Divorce proceedings in India may take time, and it’s important to be present for all court hearings. Missing a hearing could affect the outcome of the case.

Legal Grounds to Protect Your Interests:

1. Contested Divorce: If you are contesting the divorce, the court will evaluate whether the marriage has irretrievably broken down. In such cases, abandonment can be one of the factors in the decision.
2. Alimony and Maintenance: You may be entitled to maintenance from your wife if you are unable to maintain yourself. However, this will depend on the circumstances, and the court will assess both parties' financial positions.
3. Divorce on Grounds of Desertion: If your wife has abandoned you for two or more years, you can use desertion as a ground for divorce.
4. Divorce on the Grounds of Cruelty: If the abandonment is linked to mental or emotional cruelty, you can claim divorce under cruelty as a ground.

Example:

If a husband’s wife leaves the marital home and does not return for over two years without providing any explanation or consent, the husband can file for divorce on the grounds of desertion. If the wife later files for divorce, the husband may contest it based on abandonment or other relevant grounds.

Conclusion:

If your wife abandons you and later files for divorce, you have legal options to protect your rights. You can contest the divorce, file for maintenance or alimony, and seek custody of children if applicable. It is important to gather evidence of the abandonment, seek legal advice, and follow the necessary procedures in family court. Your lawyer can guide you through the process and help you protect your interests in the divorce proceedings.