How can I get a divorce from wife for staying away from me?

I have been married for 10 years before and have 2 children aged 6and a half year and 3 year. My wife is living in father house for 16months with younger son and occasionally come to meet elder son but don't have contact with me. I am facing struggle since the beginning of my married life she is very tangent to her father house and has left me 4 times for 6-8months alone I always with various ways and mediators bring her back but now she is away for 16months. Now I want divorce and my child custody please suggest

Answers (2)

79 votes

Dear client,

Firstly I want to suggest you because you have 2 children hence you must give one more opportunity to your wife. so firstly you have to file case of restitution of conjugal right u/s 9 Hindu marriage act. If she is not come back then you can file divorce petition. And for custody of minor child, The court gives their decision on child custody based on various aspects that deal with the welfare of the child. Usually the mother gets custody of minor child.

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228 votes

Dear client,
You have legal options :

1*You can file habeas corpus writ petition in the high court of your state directly if you want to get your wife and your children back.* You can move this writ petition only for your children also.*

2* you can file restitution of the conjugal right u/s 9 of hindu marriage act in your district court.* If your wife living saperately.

3* you can file divorce in your district court by metual consent under section 13(B) of hindu marriage act. * if your wife is also ready for divorce.*

4* you can file divorce without her (your wife) consent in your district court u/s 13 of hindu marriage act.

But I will advise you to move habeas corpus writ petition first.

You can communicate me by phone call for better advise.

Akash Sharma Advocate, High Court Allahabad.

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