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Desertion by wife - Hindu marriage


23-Nov-2023 (In Divorce Law)
My wife along with my 5 year old son is residing separately since April 2021. She restricts my access to my son. She did not allow me to meet him for 14 months and now only lets me meet once in couple of months in a mall for few hours. She is a software engineer with a high income and lives alone with my son in Pune. I want my son to have full access to both parents. Currently he is alienated. Wife is neither willing to return nor willing to discuss mutual divorce. What are my legal options?
Answers (5)

Answer #1
520 votes
Hello Sir, as per the facts stated by you please elaborate on that. Are you seeking for the guardianship and custody of your son and that is so and she has no order in place you have an equal access and right over your son as good as your wife, please feel free to contact us for a better discussion and assistance on your query. Thanks Advocate Dr Preeti Manderna
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Dr. Preeti Manderna

Dr. Preeti Manderna

LawRato Panchkula | 400+ Answers
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Answer #2
546 votes
You can file for contested divorce under section 13 of the Hindu Marriage Act on the grounds of desertion and for the custody of child under guardianship and wards act. For further assistance ,feel free to reach me
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Advocate Nitanshu Sharma

Adv. Nitanshu Sharma

LawRatoGurgaon / Gurugram | 200+ Answers
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Answer #3
942 votes
You can file for child custody under which the court will grant you visitation rights. Shared custody can also be granted depending upon the facts and circumstances. If you want to resume marital ties with your wife then you can also file for Restitution of Conjugal Rights under section 9 of the Hindu Marriage Act.
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Advocate Madhuri Bakshi

Adv. Madhuri Bakshi

LawRatoFaridabad | 50+ Answers
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Answer #4
845 votes
In this scenario you may file a petition for restitution of conjugal rights and you may also seek custody of your child. If you want to get seperated from your wife then you have a strong ground of desertion for getting a divorce decree
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Advocate Joginder Parsad Singla

Adv. Joginder Parsad Singla

LawRatoFaridabad | 50+ Answers
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Answer #5
828 votes
You can apply in court for guardianship or custody of child. As your child is only 5 years it is unlikely that you would get his custody but you can get visitation rights. Once you get order from court your wife will have to let you meet your son. If she refuses despite order of court you can file contempt of court application against her.
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Advocate Vandana Oberoi

Adv. Vandana Oberoi

LawRatoGurgaon / Gurugram | 25+ Answers
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