Can I file for a divorce if me and wife are living separately
27-Apr-2023 (In Divorce Law)
Hello, I am 30 years old and have 2 year old daughter. My wife left for her maternal home with my daughter last year after some small argument with my mother. She said she will be back in 15 - 20 days. But after around 1 month she came with her parents and some relatives to my house to discuss the issue. In that discussion it was concluded by her relatives that her parents attitude was not correct. They all left the home without our daughter. My daughter was 1 year old. Later me and my parents tried to resolve the issue. But she nd her parents said that she will come back only if I get seperated from my parents.From the past 1 year my daughter is with me. In between she sent some letters to my office and seniors levelling false allegations against me nd family. We are living seperately for 1 yr. Can I file divorce or should wait for completion of 2 years living seperately. Any other legal option
It is upon you to decide whether to file a divorce petition or to try for resolving the issue with your wife. But you have a solid ground for filing a divorce petition on the ground of Cruelty against you, your parents and her own child.
Thank you!
Thank you!
Dear client.
As you have stated that you both are seperated for less than 2 years. But the seperation is not a "judicial seperation". So you may file a divorce petition before principal\additional principal judge family court.
There is also an option available to you to file a suit for restitution of conjugal rights under section 9.
As far as the custody of your daughter is concerned. After filing the divorce petition either party has the remedy to prefer sn application for custody of child.
Thank you
As you have stated that you both are seperated for less than 2 years. But the seperation is not a "judicial seperation". So you may file a divorce petition before principal\additional principal judge family court.
There is also an option available to you to file a suit for restitution of conjugal rights under section 9.
As far as the custody of your daughter is concerned. After filing the divorce petition either party has the remedy to prefer sn application for custody of child.
Thank you
Yes you can file for dovice and since you are taking care of child you are at better footing. Their are other grounds as well on which divorce can be seeked. For example: asking to leave parents, mental cruelty etc.
Dear Client,
Thank you for sending your query.
In your narration, you haven't stated whether you and your wife are Hindus or not. In the case of divorce by MUTUAL CONSENT as per Hindu Marriage Act and Special Marriage Act (applicable to mixed marriages usually), a couple should have been living apart for at least one year, whereas, under the Indian Divorce Act (applicable when parties are Christians), the period is 2 years. In the case of contested divorce, the Hindu Marriage Act and Special Marriage Act prescribes a 1 year period AFTER MARRIAGE (since you have been married at least 2 years, you are eligible) before a petition for divorce can be presented.
So as far as your legal options for divorce are concerned, the above will give you an idea about next steps. As far as other legal proceedings that your wife may be contemplating could be:
1. Child custody & visitation;
2. Proceedings under the Domestic Violence Act;
3. Proceedings under the IPC (S. 498A) and Dowry Prohibition Act;
4. Proceedings under S. 125 Cr.P.C. for maintenance.
I hope the above is of some help to you. Please let me know if I can be of further assistance.
Best regards,
Vaibhav Raina
Advocate
Thank you for sending your query.
In your narration, you haven't stated whether you and your wife are Hindus or not. In the case of divorce by MUTUAL CONSENT as per Hindu Marriage Act and Special Marriage Act (applicable to mixed marriages usually), a couple should have been living apart for at least one year, whereas, under the Indian Divorce Act (applicable when parties are Christians), the period is 2 years. In the case of contested divorce, the Hindu Marriage Act and Special Marriage Act prescribes a 1 year period AFTER MARRIAGE (since you have been married at least 2 years, you are eligible) before a petition for divorce can be presented.
So as far as your legal options for divorce are concerned, the above will give you an idea about next steps. As far as other legal proceedings that your wife may be contemplating could be:
1. Child custody & visitation;
2. Proceedings under the Domestic Violence Act;
3. Proceedings under the IPC (S. 498A) and Dowry Prohibition Act;
4. Proceedings under S. 125 Cr.P.C. for maintenance.
I hope the above is of some help to you. Please let me know if I can be of further assistance.
Best regards,
Vaibhav Raina
Advocate
पहले का संभव हो तो आप अपने इस रिश्ते को बचाएं अगर आप अलग-अलग होते हो कोई आपका तीसरा बच्चा नहीं हुआ होता तब मैं यह कहता कि आप लोग अलग हो गए आपकी शादी को मात्र 2 साल हुए हैं आपके अलग होने से सबसे ज्यादा प्रभाव आपके बच्चे पर पड़ेगा वह बच्चा कहीं भी रहे लेकिन उसका सामाजिक रुप से एक माता-पिता का अलग रहने से बहुत अच्छा विकास नहीं होता है और वह बच्चा अपने आपको हमेशा है एक दृष्टि से देखेगा अगर कोई संभावना आपके शादी के बनने की नहीं है तो आप लोग सेक्रेटरी 13वी का मुकदमा दाखिल कर सकते हैं और बच्चे के हित को ध्यान में रखते हुए उस में कुछ ऐसे सरिता जोड़ दें जिससे बच्चे का भविष्य में कोई परेशानी ना हो अगर आपकी माताजी अभी जीवित है या रिश्तेदार जो भी इस बच्चे को रखा हुआ है वह कब तक उस बच्चे की केयर करेगा कब तक केयर करेगा इसकी कोई गारंटी नहीं है तो उस बच्चे के भविष्य को देखते हुए आप लोग तलाक ना लें लेना चाहते तेरा करें माननीय सर्वोच्च न्यायालय का आदेश है मुकदमा दाखिल करेंगे तो उसमें कोई समस्या नहीं है जल्दी से जल्दी आपको तलाक कोर्ट से मिल जाएगा
You can definitely file a divorce and you can file that she has deserted you.
If you want your wife back for the sake of your daughter then you can also file RCR. I will request you to keep your daughter as priority and sort out things at your end as soon as possible.
If you want your wife back for the sake of your daughter then you can also file RCR. I will request you to keep your daughter as priority and sort out things at your end as soon as possible.
You can file a divorce petition on the basis of cruelty and narrate the facts about desertion by her in the facts as before 2 years desertion cannot be a ground for divorce and also it is the guideline of the Apex Court that if the wife wants to separate the husband from his parents then he can file for divorce..regards team lawyer Mitra
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