A.
Dear Client,
In the given scenario, you have the following options that you can consider to resolve the crisis. 1) You can lodge a missing complaint of your husband at the local police station which is crucial in the given situation. 2) In case you continue with marital relationship with your husband, then you can file a petition for the Restitution of Conjugal Rights(RCR) before the District Court under whose jurisdiction the marriage was solemnized, or respondent (the other spouse) resides at the time of filing petition or the parties to the marriage last lived together or the petitioner wife resides at the time of filing the petition. This remedy can be sought by either the husband or the wife who has been deserted or separated from the other spouse without any reasonable cause or excuse. A petition for the restitution of conjugal rights must be filed within one year from the date of the withdrawal of the spouse and the burden of proof lies on the petitioner to establish that the other spouse has withdrawn from society without any reasonable cause. If you win the case, you may be entitled to claim maintenance from your husband under Section 125 Cr. PC provided you are unable to maintain yourself or your child. 2) If you want to end the marital relationship permanently, you can file a divorce petition under Section 13B of the Hindu Marriage Act(HMA) on completion of one year after the withdrawal of the RCR case. Further, Section 13 (1) (ia) of the Hindu Marriage Act, 1955, allows either spouse to seek divorce on the grounds of cruelty. If there is no possibility and no scope of mutual consent divorce, you can file a one-sided/contested divorce petition before the Family Court where the couple last lived together, such as their marital home, where the marriage was solemnized, or where the wife currently resides praying for a decree of divorce and seeking maintenance or alimony from the husband. As regards maintenance post-divorce, be informed that both under Section 25 of the Hindu Marriage Act, 1955, and under Section 125 Cr. PC(Section 144 of BNSS), any person having sufficient means is liable to support his wife and children, provided she is unable to maintain herself and her children. 3) Last but not the least, since your husband is a state government employee, you can share your ordeals in writing with the concerned Govt. Authority along with the copies of missing complaint lodged with the police, copies of RCR petition or divorce petitions seeking appropriate action under the governing service rules. A government employee in Tamil Nadu can face disciplinary proceedings for deserting their family, in addition to any civil or criminal action under the Tamil Nadu Civil Services (Discipline and Appeal) Rules and the Tamil Nadu Government Servant Conduct Rules, 1973, once a complaint is received by the concerned Department/Authority from the aggrieved family of the employee. If you are not financially sound enough to continue with litigation expenses, you can apply to the Member Secretary, State Legal Services Authority, or the District. Legal Services Authority seeking free legal services available to women under Section 12(c) of the Legal Services Authority Act, 1987 to contest the cases in the Court for appropriate relief.
Posted On 11-Sep-2025
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