What Are My Legal Rights If My Spouse Abandons Me?

In India marriage is considered to be a sacred social institution and also a legal contract. Therefore, when a mate abandons the other, there is not only a relationship of emotional abandonment but also abandonment fairness. Abandonment is a total help; it is a subvention to fellowship, emotional fellowship, and fiscal support for the other mate, generally the woman. Indian law has developed the particular law and temporal remedies for abandonment. This composition will explain the remedies that live under the Hindu, Muslim and temporal legal administrations.

1. Hindu Law – Relief under the Hindu Marriage Act, 1955

Under the Hindu Marriage Act, 1955, nuptial relief is available in a case of abandonment.

A. Divorce on the Ground of Desertion—Section 13(1)(ib)

Under Section 13(1)(ib) of the Hindu Marriage Act, either of the consorts may file for divorce if the other has deserted him or her for a continuous period of at least two times the former to the form of the solicitation. The desertion must be without reasonable cause, must have passed without the concurrence of the other mate, and must have been with intent not to return. Courts have ruled that both the absence from the nuptial house and the intent to desert (animus deserendi) must be established.

B. Restitution of Conjugal Rights—Section 9

Section 9 A vacated mate may apply for reparation of nuptial rights (a legal order taking the deserting mate to take up cohabitation again). While it's rare that this is executed in practice, it works well as a means of recording confirmation of the desertion.

C. Maintenance and Alimony—Sections 24 & 25

Section 24 - A mate may be granted, inter alia, interim conservation and the charges of a solicitation for dissolution of marriage or judicial separation;

Section 25 – A mate may be ordered to pay, inter alia, endless alimony after marriage has been dissolved or the parties judicially separated. These fiscal vittles are to help the dependent upon abandonment.

These financial provisions are to assist the dependent upon abandonment.

2. Muslim Law – Rights under the Dissolution of Muslim Marriages Act, 1939

Muslim women have particular protections under their personal law.

A. Grounds for Divorce – Section 2(ii), Dissolution of Muslim Marriages Act

Under Section 2(ii) of the Act, a Muslim woman can get a divorce if:

“The husband has neglected or failed to provide for her maintenance for a period of two years.”

Other grounds for divorce for a Muslim woman include atrocity, incapability, and failure to carry out matrimonial obligations.

B. Muslim Women (Protection of Rights on Divorce) Act, 1986

The Muslim Women (Protection of Rights on Divorce) Act, 1986, referred to as the MWPRD Act, provides a reasonable and just provision for a separated woman during the iddat period. In the case Danial Latifi v. Union of India (2001), it was vindicated that such a provision must provide for her entire future, not just the small iddat period.

3. Secular Remedies: Available to All Spouses Irrespective of Religion

Maintenance under Section 125 of the Code of Criminal Procedure.

Section 125 of the Code of Criminal Procedure, 1973, provides a secular, considerably applicable remedy for maintenance. Under Section 125, to maintain on behalf of his wife, who cannot maintain herself, to provide yearly maintenance for a husband who has sufficient means and deliberately neglects or refuses to maintain his wife. All of this applies where the parties are not divorced or have a formal separation.

Shah Bano Case

This case was major because it maintained the right of a Muslim woman who had been divorced to claim maintenance under the secular provisions of Section 125 of the Code of Criminal Procedure. The case shows that particular laws cannot override the basic fundamental rights arising from the Constitution to life and dignity.

4. BNSS, 2023: A Modern Update to Procedural Protection

In 2023, the Bharatiya Nagarik Suraksha Sanhita (BNSS) replaces the CrPC and evidences procedural reform which furthers the protection of women and vacated spouses.

a. Continuance of Maintenance (Section 144 of BNSS)

A wife can continue to seek yearly maintenance from her husband in BNSS under Section 144 (the same as the provisions in Section 125 CrPC) when he neglects or refuses to maintain her, even if they are separated or divorced. This would never undermine any case for protection under desertion.

b. Speedy Proceeding and Digital Access

BNSS promotes wisdom of trial and online hearings along with witness protection protocols which will greatly help vacated spouses—particularly women—in relatively immediate access to justice.

5. Protection under the Domestic Violence Act, 2005

Abandonment is a type of emotional and economic abuse under the Protection of Women from Domestic Violence Act, 2005. An abandoned woman, whether married or not, may file a complaint under this Act with regard to several kinds of civil relief.

Important Sections of the Act:

• Section 18—Protection Orders from further abuse.

• Section 19—Residence rights in shared household.

• Section 20—Monetary relief as daily and future needs.

• Section 22—Compensation for emotional suffering.

In conclusion, spouse abandonment violates both the legal, emotional, and financial responsibilities of marriage and causes significant psychological and economic harm to abandoned spouses—particularly women. Indian law provides strong remedies in both personal (Hindu and Muslim) laws and secular laws such as divorce, maintenance, and civil protection under the Domestic Violence Act of 2005. The passing of the BNSS, which moves the matter from the CrPC, is already a move towards justice that is quicker and more accessible. Prioritizing a rapid transition and knowing your own rights and support options is beneficial. The law allows deserted spouses that were held in that cycle to claim and regain their identity, dignity, rights, and stability.