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Abandonment, or desertion, refers to a situation where a husband leaves his wife without reasonable cause or justification and ceases to fulfill his legal and marital responsibilities. This may occur shortly after marriage or after years of cohabitation. Many women face social, emotional, and financial challenges due to such abandonment.
Legal Protections Available
Women who are abandoned after marriage have several legal remedies under Indian law:
Section 125 CrPC: A wife can claim maintenance if her husband refuses or neglects to maintain her without sufficient reason.
Protection of Women from Domestic Violence Act, 2005: Includes economic abuse like abandonment and allows the woman to claim residence rights, maintenance, and protection orders.
Hindu Marriage Act, Section 13: Recognizes desertion as a valid ground for divorce after two years of abandonment.
Muslim Personal Law: Entitles a wife to maintenance during the iddat period and possibly beyond, depending on the facts and judicial interpretation.
Special Marriage Act: Also includes desertion as a ground for divorce and remedies similar to Hindu laws.
Filing for Maintenance
The woman can approach the family court or magistrate with a petition for maintenance. Courts typically consider the husband's income, the wife’s needs, standard of living, and reasons for desertion. Even if the husband is living abroad or untraceable, courts may pass ex parte orders if evidence of abandonment is provided.
When a woman is abandoned after marriage, she can file a petition for maintenance in a Family Court (or before a Judicial Magistrate, depending on the applicable law such as Section 125 CrPC or personal laws). This legal action seeks financial support for sustenance, especially if the husband has left her without reasonable cause or without fulfilling his marital obligations.
Key considerations the court evaluates include:
Husband’s Income and Capacity: Salary, business income, assets, and liabilities are all examined to assess how much maintenance can be reasonably provided.
Wife’s Needs and Dependence: The court checks whether the wife is financially dependent, has any income source of her own, or has children to support.
Standard of Living: Courts try to ensure the wife can maintain a lifestyle similar to what she had during the marriage.
Reason for Abandonment: The court takes into account why the husband left—whether it was due to cruelty, second marriage, extramarital affairs, or simply desertion without cause.
Evidence Provided: FIRs, witness statements, proof of communication, and even social media can serve as evidence of abandonment.
If the husband is untraceable, living abroad, or avoiding court summons, the judge can pass an ex parte maintenance order—meaning the order is passed in the husband's absence based on available evidence.
Women may also request interim maintenance for immediate financial needs until the final order is passed. Legal aid and NGO support are also available to help women file these cases.
Criminal Remedies
In cases where abandonment includes cruelty, threat, or denial of basic needs, the woman may also seek remedies under:
Section 498A IPC: For cruelty by husband or relatives.
Domestic Violence Act: For interim maintenance, residence orders, and protection orders.
IPC Section 406: If the husband retains or disposes of the wife's property or dowry articles.
Important Considerations
Desertion must be proven in court—mere temporary separation does not count.
Document all evidence: messages, letters, financial transfers, and any statements made by the husband.
Legal aid is available for abandoned women through the District Legal Services Authority (DLSA).
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