Can I file for a divorce if my wife is not living with me
22-Apr-2023 (In Divorce Law)
I m Hindu by religion. I want to divorce my wife, but she is refusing to. It's been 28months since we got married, n hve a 14months son too. We r staying separate since 75days. N my son is staying with me. How can I get her divorced
Dear Friend,
According to the Hundu Law there is some rules to get divorce from your wife. The 1st rule is you have to stay separate minimum one year from your wife. After that you can file a divorce petition against your wife.
According to the Hundu Law there is some rules to get divorce from your wife. The 1st rule is you have to stay separate minimum one year from your wife. After that you can file a divorce petition against your wife.
Sir, after thorough reading of your question, I would advise you to file a divorce petition before the appropriate Court for divorcing your wife. Even if your wife does not want to give you divorce, you can still get divorce. Please call for more details. Divorce petition can be filed anytime after one year of marriage.
You can file for restitution of conjugal rights. Serve her notice. Even then if she does not come back, you can file for divorce. Even after filing for divorce she can take u turn. Getting a divorce from your wife is prima facie very difficult. Try for a mutual divorce.
If you realize that there's nothing similar between you and her and you are not made each other, there's no point in keeping the relationship alive. From the legal point of view, a divorce case by either of the spouses may be filed in various grounds as cruelty, desertion, adultery, has been converted to another religion,has been incurably of unsound mind for a continuous period of not less than three years immediately preceding the presentation of the petition, has, for a period of not less than three years immediately preceding the presentation of the petition, been suffering from a virulent and incurable form of leprosy, had, for a period of not less than three years immediately preceding the presentation of the petition, been suffering from venereal disease in a communicable form, has renounced the world by entering any religious order, has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of it, had that party been alive, has not resumed cohabitation for a space of two years or upwards after the passing of a decree for judicial separation against that party, has failed to comply with a decree for restitution of conjugal rights for a period of two years or upwards after the passing of the decree. Hence you can lodge a divorce case in any of the above ground. Whatever be the divorce situation, you can always pray for custody of the child by filing a simple petition before the Court, it's as such easy. All the best. Regards
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