Can you get in trouble for abandoning your spouse?

If the spouse leaves the family and is unreachable or refuses to take care of the family financially, this can be considered criminal spousal abandonment. The spouse claiming abandonment must prove that the couple kept separate residences and didn’t engage in marital relations for a required period, usually a year.

What is considered desertion in a marriage?

Spousal abandonment, also known as desertion, refers to the deliberate abandonment of a spouse with the intention of ending the marriage and without justification. The spouse that left did so without justification. The spouse that remains in the marital home did not consent to the separation.

What happens if a man abandons his wife?

The one who abandons the marriage will not be forced to return, but they will be held financially responsible for things such as child support, spousal support, and property division via a divorce court order.

Can I desert my wife?

Halsbury’s Laws of India defines desertion as a ‘total repudiation of the obligation of marriage’. [2]The word desert literally means ‘to abandon or give up or forsake without any sufficient reason or intention to return’. In spite of this attempt, there is a scope for abuse and misuse of the law by the guilt spouse.

How can we prove desertion in divorce in India?

On the question of desertion, the High Court held that in order to prove a case of desertion, the party alleging desertion must not only prove that the other spouse was living separately but also must prove that there is an animus deserendi on the part of the wife and the husband must prove that he has not conducted …

What is desertion in family law?

Desertion as a ground of divorce is given under Section 13(1)(ib) of Hindu Marriage Act, 1955. According to Explanation ‘desertion’ means the desertion of petitioner by the other party to the marriage without reasonable cause and without the consent or against the wish of the party.

What does desertion mean?

Definition of desertion 1 : an act of deserting especially : the abandonment without consent or legal justification of a person, post, or relationship and the associated duties and obligations sued for divorce on grounds of desertion. 2 : a state of being deserted or forsaken.

Can I get a divorce on the grounds of desertion?

One of the ways is known as desertion, which essentially means you have been abandoned. You will need to be able to show that your spouse has, without your consent or without good reason, abandoned you for at least two years before you can start a petition for divorce.

What is desertion by wife in India?

MEANING AND CONCEPT OF DESERTION The concept of desertion is clearly explained under Section 13 (1) (ib) of The Hindu Marriage Act, 1955. In simple words, it means an act of living separately by either spouse without any reasonable cause for the continuous period of 2 years, without the will of other spouse.

What is the desertion period for divorce?

The decree granted under the Hindu Marriage Act, allows for divorce on the ground of one of the spouse having deserted the other for a continuous period of two years before filing of the petition.