Difference Between Abandoned And Divorced In India

In India, matters of marriage and its dissolution are deeply intertwined with personal laws and societal norms. For many, the terms "abandoned" and "divorced" might seem to describe the end of a relationship, but in the eyes of Indian law, they represent two fundamentally different marital statuses with distinct legal rights and consequences. Understanding these differences is crucial for anyone facing a separation, especially concerning rights to maintenance, property, and the legal right to remarry. An "abandoned" spouse is still legally married, while a "divorced" spouse is legally free. This blog explains these key distinctions using simple words, empowering you to navigate these complex family law concepts with clarity.

This Blog Covers:

• Simple definition of Abandonment (Desertion) and Divorce.
• Legal status and implications of each term.
• Key differences in rights, maintenance, and the right to remarry.
• The role of the court in both situations.

What Is Abandonment (Desertion)?

The Hindu Marriage Act does not directly define the word "parityakta." But the situation of an abandoned spouse is covered under Section 13(1)(ib), which talks about desertion.

Under this section, a person is considered deserted when their husband or wife:

1. leaves them without any good or reasonable reason,
2. leaves without their consent,
3. leaves with the intention of ending the marriage, and
4. stays away for at least two years before a case for divorce is filed.

Based on this, a Parityakta can be understood as a spouse who has been deserted in this manner but has not yet received any legal divorce order. In simple words, we can say that a “Parityakta” is someone whose partner has walked away from the marriage without any reason and has not returned for two years or more and has left them in a situation where they are still legally married until a court grants a divorce.

Legal Basis

• Desertion is not a legal process to end a marriage.
• It is a ground (or a reason) for filing for divorce under various personal laws in India, such as Section 13(1)(ib) of the Hindu Marriage Act, 1955.

Key Characteristics:

• Marriage Still Valid: The couple is still legally married. No court order or decree has ended the marriage.
• No Formal Process: It begins with one spouse physically leaving the other; no initial court application is needed to be "abandoned."
• Intention is Key: The spouse who leaves must have the intention to permanently end the relationship and conjugal life.
• Continuous Period: For desertion to become a legal ground for divorce, it must typically continue for a period of at least two continuous years (under the Hindu Marriage Act).

Commonly Used For:

• Claiming maintenance for the abandoned spouse and children under Section 125 of the Code of Criminal Procedure (CrPC).
• Filing a petition in court to start the process of divorce.

What Is Divorce?

Divorce is a legal process through which a court officially ends a marriage. Once the court grants a divorce, the husband and wife are no longer legally connected as a married couple. It frees both partners from the duties of marriage, such as living together or supporting each other as spouses. After a divorce, both people are free to live their own lives and can even remarry if they choose.

Legal Basis

• Divorce is granted only through a judicial decree (a court order).
• It is governed by the specific personal law applicable to the couple (e.g., the Hindu Marriage Act, Special Marriage Act, Divorce Act, etc.).

Key Characteristics:

• Marriage Legally Dissolved: The couple is no longer legally married. All marital ties are severed.
• Freedom to Remarry: Once the divorce is final, both the husband and wife are legally free to remarry after the appeal period is over.
• Formal Court Order: The process requires filing a petition, presenting evidence, and obtaining a final decree from a competent court.
• Settlement of Issues: The divorce decree often includes clear orders on maintenance (alimony), child custody, and property division.

Commonly Used For:

• Finalizing the end of the marital relationship.
• Obtaining a legal right for both parties to start a new life and remarry.
• Settling long-term financial and parental responsibilities.

Difference Between Parityakta & Talaakshuda

When a relationship ends, the actual legal status determines a person's rights and ability to move on.

Here is a simple comparison of the two:

Conclusion

Understanding the difference between being abandoned and divorced is essential for protecting your rights in India. Abandonment (desertion) is a state where the marriage has broken down, and one spouse has left the other. In this situation, the marriage continues legally, and the abandoned spouse has strong rights to claim maintenance. Divorce is the final judicial process that officially ends the marriage. Only after a legal divorce decree can either party remarry. If you have been abandoned, remember that you are still legally married. Your immediate step should be to consult a knowledgeable family lawyer to file for maintenance and explore the path to legally ending the marriage through divorce. Thoughtful legal action today ensures clarity and security for your future.