Can i apply for divorce if wife is not living with me from 8 months

803 votes

Hello,

You can apply for divorce if the relationship between your wife and you had broken down irrevocably. You may also seek custody of your chidlren.

If divorce is what you seek, you will have to file a petition for divorce before the court.

LawRato LawRato

760 votes

To file the divorce petition on desertion ground the parties must be living seperately for minimum 2 years. But the creulty ground could be invoked if there is unreasonable withdrawal by the other spouse for substantial period of time. Before deciding for court remedy you should try to attend counselling by the qualified marriage counsellor. If your problem persists and your wife reguses to cohabit you could file divorce petition on cruelty ground.

Advocate Vasavi Sridevi Sivanandam LawRato

597 votes

Sir,
If you wish to have reunion with your wife, send her notice stating that you are going file petition for restitution of conjugal rights with the help of a lawyer. If you want divorce also you can approach court in this regard. As for as children is concerned the age of your children confers right of you.

Advocate B. Thirunavukkarasu LawRato

545 votes

Do you really want to divorce your wife? Better you file a petition for Restitution of conjugal rights. Also you can file a petition for visiting your two sons. Kindly contact me for a detailed discussion, so that I can give you a clear advice and further guidance.

Advocate Suchit Palande LawRato