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Wife not staying together for 2 years, can divorce be filed ?


24-Jun-2023 (In Divorce Law)
My wife is not staying with me since 2 yrs she went to her mom's house when she got pregnant and now my son is 1 year old she dosent want to come and stay at my home she has no contact with me since 2 yrs no phone calls etc I have lost my job but I can still take care of her and my child my faimly has tried to convence her but she is not willing to stay with me. now the thing is if wife is not staying with husband for more than 2 years can husband file divorce on this ground?
Answers (5)

Answer #1
761 votes
Hi

You can proceed to file petition for divorce before family court on the ground of desertion and cruelty.

You can also claim right to access to the child.

Please contact us with the proper facts about your case so that we can advise you better
Advocate Rohit Shaligram

Adv. Rohit Shaligram

LawRato Pune | 500+ Answers
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Answer #2
767 votes
Hello Sir,

You can start the Procedure by sending Legal Notice and if she doesn't make any reply to the Notice,

You can file the Divorce case on grounds of Desertion.

Kindly connect for the further queries.

Answer #3
993 votes
Go for restitution of conjugal rights. Court may order her to return to you.l if if course there is no issue of DV involved. If that fails, option of divorce is always there.
Which city are you from?
Regards.
Advocate Sudarshan Desai

Adv. Sudarshan Desai

LawRatoPune | 200+ Answers
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Answer #4
588 votes
Thanks for writing to us
Aa per the details u can file divorce. For more details kindly contact us we can help you to get divorce on above mention ground. With that we like to know why your wife left your home

Thanks

Adv Santosh Suryarao
Advocate Santosh Suryarao

Adv. Santosh Suryarao

LawRatoMumbai | 100+ Answers
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Answer #5
144 votes
Divorce by mutual consent Section 10A of the Indian Divorce Act 1869 requires that the couple be separated for a minimum two-year period. The couple need only to prove that they were not living together as husband and wives during this time.
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Advocate Chikirsha Mohanty

Adv. Chikirsha Mohanty

LawRatoDelhi | 200+ Answers
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