IndiaMy husband abandoned me 3 years ago. Can I get divorce?
Yes, you can file for divorce on the ground of desertion if your husband abandoned you without reasonable cause for at least two continuous years before filing.
What the Law Says
Under Indian law, desertion by one spouse for a continuous period of at least two years is a legally recognized ground for divorce.
The Hindu Marriage Act, 1955 (applicable to Hindus, Sikhs, Jains, and Buddhists) allows divorce if either party has 'deserted the other for a continuous period of not less than two years' immediately before filing the petition.
Desertion means the intentional and permanent abandonment of one spouse by the other without reasonable cause and without the consent or against the wish of the other spouse. It includes both physical separation and withdrawal from marital obligations — such as refusal to cohabit, provide maintenance, or perform conjugal duties.
The two-year period must be continuous and completed *before* filing the divorce petition. Since your husband abandoned you 3 years ago, you meet this requirement.
Statutory Text13. Divorce.—(1) Any marriage solemnised, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party— (ib) has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition;
— Hindu Marriage Act, 1955, s. 13(1)(ib) — Divorce
What Courts Have Said
Indian courts have clarified key elements of desertion — including intent, continuity, and absence of consent — to prevent misuse and ensure fairness.
The Court held that desertion requires both 'factum of separation' and 'animus deserendi' (intention to abandon permanently); mere physical separation without intent does not amount to desertion.
Confirmed that desertion continues even if the deserted spouse makes occasional attempts at reconciliation — as long as the abandoning spouse refuses to resume cohabitation without just cause.
What to Do
Gather evidence proving continuous desertion for 3 years — e.g., witness affidavits, communication records (texts/letters showing refusal to return), police complaints, or family testimony.
Consult a family lawyer to draft and file a divorce petition under Section 13(1)(ib) in the district civil court where you last resided together or where you currently reside.
Serve notice to your husband; if he contests, prepare for hearings where you’ll prove desertion through documents and oral evidence.
If proven, the court will grant a decree of divorce — no mandatory mediation or cooling-off period applies for desertion cases.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.