If you are stuck in such a situation, here is what to do.
Mr. Verma, a resident of the city of Chandpur, found himself in a deeply distressing situation. After several years of marriage, his wife, Mrs. Verma, left their matrimonial home without any prior discussion or legal notice. He later discovered that she had begun cohabiting with another man, Mr. Singh, in a different part of the country. The core issue for Mr. Verma is that no divorce was filed, leaving him in a state of legal limbo. As per Hindu law, he is still legally married to Mrs. Verma and cannot remarry until a court formally dissolves their marriage. This situation, where one spouse abandons the other to live with someone else, is a serious matrimonial issue with specific legal remedies available to the aggrieved party.
Advice in such cases
Stay Calm and Document Everything: Do not engage in any form of aggression, threats, or violence. Keep a record of all communications, if any, and note down the date and time she left the house. Gather any information or evidence you have about her current whereabouts and situation.
Secure Your Finances and Assets: It is advisable to take stock of joint bank accounts, properties, and other assets. To prevent misuse, you may need to inform the bank about the separation and take steps to protect your financial interests, but do so only after legal consultation.
Do Not Attempt to Remarry: Under the Hindu Marriage Act, 1955, marrying another person while your first marriage is still legally valid constitutes bigamy. This is a criminal offense and will lead to severe legal complications.
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
This situation primarily falls under the purview of The Hindu Marriage Act, 1955. The husband can seek a divorce on two main grounds:
Section 13(1)(i) – Adultery: The act of your wife voluntarily living with another man after marriage is a clear ground for divorce. While adultery is no longer a criminal offense in India following the Supreme Court’s judgment, it remains one of the strongest grounds for obtaining a divorce in a family court.
Section 13(1)(ib) – Desertion: If your wife has left you without any reasonable cause and without your consent for a continuous period of not less than two years immediately preceding the presentation of the petition, it constitutes desertion. This can also be a valid ground for divorce.
If you are the complainant
As the husband (the aggrieved party), you would be the petitioner or complainant in the divorce proceedings. Here are the steps you should take:
Gather Evidence: Collect all possible proof of your wife’s adultery and/or desertion. This could include photographs, social media activity, witness statements from friends or neighbors, or any documents showing she is cohabiting with another person.
File a Divorce Petition: Your lawyer will draft and file a petition for divorce in the appropriate Family Court, citing adultery and/or desertion as the grounds. The petition will detail the facts of the marriage and the circumstances of the separation.
Serve the Notice: The court will issue a notice (summons) to your wife at her last known address or current address, if available, to appear in court and respond to the petition.
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
Being abandoned by a spouse is an emotionally and legally challenging experience. As the victim in this scenario, your focus should be on legally resolving the situation to move forward with your life.
Prioritize Your Well-being: Seek emotional support from family, friends, or a professional counselor. The legal process can be lengthy and stressful, and maintaining your mental health is crucial.
Understand Your Legal Rights: You have the right to file for divorce and end the marriage legally. You are not obligated to remain married to a spouse who has deserted you and is living with someone else.
Take Control of the Narrative: Be prepared for the legal proceedings. Your lawyer will guide you on how to present your case effectively in court, backed by solid evidence.
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
This is a civil matter, not a criminal one. The police have a very limited role to play. If you go to the police to report that your wife has “run away,” they may at most file a missing person’s report. Once she is located and confirms she left of her own free will, the police cannot force her to return to the matrimonial home. They will advise you that this is a domestic dispute and direct you to seek remedy in the Family Court. Police intervention would only be warranted if there were associated criminal acts, such as theft of valuable items, threats, or violence, which would be handled under the Bharatiya Nyaya Sanhita (BNS).
FAQs people normally have
Can I remarry immediately?
No. You must obtain a decree of divorce from a competent court before you can legally remarry. Marrying without a divorce is the offense of bigamy.What if my wife refuses to give a divorce?
Her consent is not required for a contested divorce. If you can prove the grounds of adultery or desertion in court, the judge can grant the divorce even if she objects to it.Do I have to pay maintenance (alimony) to her?
A wife living in adultery is generally not entitled to maintenance under Section 125 of the Bharatiya Nagarik Suraksha Sanhita (BNSS). However, the final decision rests with the court, which will consider all facts and circumstances. You must present strong evidence of her adultery to contest any claim for maintenance.Can I take any action against the person she is with?
No. Since the Supreme Court decriminalized adultery, you cannot file a criminal case against the man your wife is living with.
What evidence is required?
The burden of proof lies on you, the petitioner. Strong evidence is key to winning the case.
For Adultery: Direct evidence is rare. The court relies on circumstantial evidence, which must be strong enough to lead to an irrefutable conclusion. This can include: photographs or videos of your wife and the other person together in a domestic setting, proof of cohabitation like a rent agreement, witness testimonies, call records, or hotel receipts.
For Desertion: You need to prove that she left without a valid reason and with the intention of permanently ending the marital relationship. Evidence can include her own communications (emails, messages) stating her intention not to return, or witness testimony about her departure and subsequent absence.
How long will the investigation take?
It is important to understand that this is not a police “investigation” but a judicial proceeding in a Family Court. The duration of a contested divorce case in India can vary significantly. It can take anywhere from two to five years, or even longer, depending on factors like the court’s caseload, the complexity of the case, whether the other party contests the proceedings, and the evidence presented. An experienced lawyer can help navigate the process efficiently, but patience is essential.
Advocate Sudhir Rao, Supreme Court of India