If you are stuck in such a situation, here is what to do.

We often receive queries from concerned friends or family members about distressing situations. A common and heartbreaking scenario involves a husband deserting his wife, especially during a vulnerable time like pregnancy. For instance, a recent query involved Ms. Anjali from the city of Chandpur. She was married to Mr. Sameer, and they were expecting their first child. However, Mr. Sameer left her and their marital home without any explanation just a few weeks before her delivery. Anjali has since given birth to a healthy baby, but her husband has not returned, nor has he made any contact. This act of abandonment, known as desertion, leaves the wife and child in a precarious emotional and financial state. Fortunately, Indian law provides several remedies to protect the rights of a deserted wife and her child.

Advice in such cases

If you find yourself in a similar situation, it is crucial to take measured steps to secure your and your child’s future. The initial shock can be paralyzing, but taking timely action is essential.

• Gather all important documents, including your marriage certificate, photographs of the marriage, identity proofs, and the child’s birth certificate once it is issued.
• Compile any evidence of your husband’s income, such as salary slips, bank statements, or details of his employment at “Innovatech Solutions Pvt. Ltd.” or any other company.
• Preserve all communication records (texts, emails, call logs) that may indicate his intention to abandon you.
• Open a separate bank account in your name if you do not already have one, to manage your finances independently.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

Indian law offers robust protection for women and children facing desertion and financial neglect. The primary legal provisions you can invoke are:

• The Protection of Women from Domestic Violence Act, 2005: This Act is not limited to physical violence. Economic abuse, such as depriving you of financial resources and abandoning you, is explicitly covered. You can seek protection orders, residence orders (the right to live in the shared household), and monetary relief.
• Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS): This is the most crucial provision for financial support. It empowers a wife, minor children, and parents to claim maintenance from a man who has sufficient means but neglects or refuses to maintain them. The court can order the husband to pay a monthly allowance for your and your child’s sustenance.
• The Hindu Marriage Act, 1955: Under this Act, you have two primary options. You can file a petition for Restitution of Conjugal Rights (Section 9) to legally ask the court to direct your husband to return. Alternatively, after a period of two years of continuous desertion, it becomes a ground for divorce (Section 13). You can also claim maintenance for yourself and the child during the court proceedings (maintenance pendente lite) under Section 24 of this Act.

If you are the complainant

As the person filing the case (the complainant), you are taking the first step towards justice. Your role is to present the facts clearly and provide the necessary evidence to the court.

• The first step is to send a legal notice to your husband at his last known address, demanding his return and asking him to provide maintenance for you and the child. This is often a precursor to formal legal proceedings.
• If he fails to respond or comply, you can file a petition under the relevant laws. For instance, a petition under Section 144 of the BNSS can be filed at the Family Court or Magistrate’s Court in the jurisdiction where you reside.
• Be prepared to state the facts of your marriage, the pregnancy, the date and circumstances of his desertion, and your financial needs.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

As the victim of desertion and neglect, your immediate priority is your well-being and that of your child. The law is on your side, and you should not feel helpless.

• Do not blame yourself for the situation. Focus on taking practical and legal steps to secure your rights.
• Your testimony is a powerful piece of evidence. Clearly articulate your situation to your lawyer and, subsequently, to the court.
• You have the right to claim maintenance not just for daily expenses but also for medical costs, including those related to childbirth, and for the child’s upbringing and education.
• You are entitled to live in the “shared household” (your matrimonial home). If you have been forced out, you can seek a residence order under the Domestic Violence Act to regain entry.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

Approaching the police can be a mixed experience. In cases of desertion, the police may initially view it as a non-cognizable, civil dispute and advise you to approach the court directly for maintenance. However, if your complaint includes elements of cruelty, harassment, or criminal intimidation, they are obligated to take action. Under the Domestic Violence Act, you can approach a Protection Officer or a service provider, who can help you file a Domestic Incident Report (DIR), which is then forwarded to the Magistrate. While the police might not directly file a case for desertion alone, they can be instrumental if other offenses are involved. It is often more effective to approach the court directly for maintenance and other civil remedies with the help of a lawyer.

FAQs people normally have

Can I file for divorce immediately?
Desertion as a ground for divorce requires the spouse to have abandoned you for a continuous period of not less than two years immediately preceding the presentation of the petition. However, you may have other grounds for divorce, such as cruelty (which includes mental cruelty caused by abandonment), that you can pursue earlier.

Who gets custody of the child?
In the case of a minor child, especially an infant, the custody will almost certainly remain with the mother. The father, however, cannot escape his financial responsibility. He is legally obligated to provide for the child’s maintenance, regardless of who has custody.

What if I don’t know my husband’s current address or income?
This is a common challenge. Your lawyer can help. The court has the power to order the husband to appear and disclose his financial details. If he fails to comply, the court can draw an adverse inference against him and grant maintenance based on your stated needs and his lifestyle before he left.

What evidence is required?

To build a strong case, you will need to gather as much evidence as possible. Key documents and evidence include:

• Proof of marriage: Marriage certificate, wedding invitations, and photographs.
• Proof of shared residence: Rental agreements, utility bills in both or either name, or any document showing you lived together.
• Child’s birth certificate listing the husband as the father.
• Evidence of husband’s income: Salary slips, bank statements, income tax returns, or details of his assets.
• Proof of desertion: Any messages, emails, or witness testimony (from family, friends, or neighbors) confirming that he left voluntarily and has not returned.
• Records of your expenses to establish the amount of maintenance required.

How long will the investigation take?

The term “investigation” is more relevant to criminal cases. In civil proceedings like maintenance and divorce, the duration depends on the court’s workload and the complexity of the case. However, the law provides for interim relief. You can file an application for interim maintenance under Section 144 of the BNSS or Section 24 of the Hindu Marriage Act. The law mandates that such applications should be disposed of quickly, often within 60 days from the date of service of notice on the husband, ensuring you receive some financial support while the main case is ongoing. A full trial for maintenance or divorce can take anywhere from one to several years to conclude.

Advocate Sudhir Rao, Supreme Court of India