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Advice in case wife staying separate since 3 year having child custody


09-Nov-2023 (In Divorce Law)
My Wife living separately since last 3yrs.. I send one notice from my advocate.. But she did not react. I have one daughter 17 yrs old.... Still she don't want come back... So advice me.
Answers (3)

Answer #1
976 votes
It all depends on whether you want to save the marriage or get divorced from her. If you want to save the marriage then you need to file a petition for restitution of conjugal rights in family court or else you can file for divorce on the ground of dessertion.
Now since your daughter is 17 years old, there is no need to file for case of your daughter's custody since she will be an adult within a year. Hope this suffice.
Answer #2
703 votes
With reference to the above statement, where you have already sent the legal notice to her, then you have to consult with advocate for further case filing procedures, for more and complete details you need to provide complete information.
Answer #3
601 votes
I do understand your situation. Nobody can force her to come back. If that is the way it's going to be then file for divorce. Since you are staying separately for thre years you can go by mutual consent.

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