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Desertion in marriage My wife has left me 10 months back. I am unable
30-Jan-2025 (In Divorce Law)
My wife has left me 10 months back. I am unable to meet my child. If I go to meet my child will it end the desertion period.
Visiting your child does not automatically end the desertion period. Desertion under law requires a clear intention to abandon the spouse. To maintain a claim of desertion, you should document that your visit is solely for parental rights and not for reconciliation. If your spouse refuses access, you can file for child custody or visitation rights under relevant family laws. Maintaining evidence of communication, attempts to visit, and any legal steps taken will strengthen your case. You may also initiate divorce proceedings if desertion continues for two years as per legal provisions.
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Adv. Devang Manjrekar
Mumbai | 100+ Answers
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Desertion, as a ground for divorce, is determined by the intention of one spouse to permanently abandon the other without reasonable cause and against the other spouse's will. In most jurisdictions, the desertion period is typically 2 years (or as specified by local laws) and requires proof of continuous separation and lack of intention to resume cohabitation.
If you go to meet your child, it does not necessarily end the desertion period unless there is evidence that your visit implies an intention to reconcile with your wife or resume marital cohabitation. Meeting your child is considered a parental right and duty and is usually viewed separately from the marital relationship. However, the context of the visit matters. For instance, if your visit involves staying with your wife or behaving in a manner that suggests reconciliation, it may affect the desertion claim.
To protect your rights, maintain clarity about your intentions during such visits. If your goal is only to maintain a relationship with your child, ensure there is no ambiguity that could imply an intention to resume marital life. Consulting with an advocate to assess your specific case in detail is highly recommended.
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Adv. Kiran Ashok Gangurde
Navi Mumbai | 100+ Answers
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Dear client based on your question,
Some points in your question have to be gone through in detail , for which we can help you with legal assistance for such guidance for better understanding of your matter as well you can get connected with us .
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Adv. Anish Palkar
Mumbai | 200+ Answers
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Well, I can assist you in getting a Court Order from Honourable Bombay High Court, so that, you can get visitation rights to meet your child. Moreover, as your Wife has illegally deserted you without giving any concrete reasons, so I can assist you in seeking Divorce from her. If you want to meet the child, then, you have to create such sort of record which shows your intent to meet the child, not your wife.
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Adv. Pankaj Bajaj
Mumbai | 1000+ Answers
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Dear client based on your query the details have to be finalized in depth for a more smooth process, also going through the provisions relating to custody is important for more authentication, for which we can help you regard the process and in legal ways for which you can connect with us.
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Adv. Kalpana Sanap
Pune | 200+ Answers
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