×
  

Continue to LawRato.com with Google


Continue

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)

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.


Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

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.
Thankyou.

Akash Sharma Advocate, High Court Allahabad.

Popular Divorce Lawyers

Advocate Wg Cdr Ajit Kakkar (Retd)
Dwarka, Delhi
18 years Experience
Advocate Preeti Joshi
District Court, Gurgaon
10 years Experience
Advocate Prabhjit Jauhar
Connaught Place, Delhi
21 years Experience
Advocate Harish Malhotra
District Court, Gurgaon
21 years Experience

"LawRato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Divorce Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.

Fixed Cost Legal Services

60 Min Marriage / Relationship Counselling Session by Phone

No Ratings
Fixed Price Rs. 999
60 Min telephonic counselling session with an expert relationship counsellor
15 Minutes Divorce Advice Session by Phone

4.8 | 371 ratings
Fixed Price Rs. 499
Ask questions and get advice from a local experienced advocate on divorce and separation
Court Marriage

4.8 | 94 ratings
Fixed Price Rs. 19999
Work with a local experienced family advocate to guide you through your court marriage.
Legal Notice / Reply to Legal Notice for Divorce

4.6 | 45 ratings
Fixed Price Rs. 2499
30 Min Intro call + Start to finish help
File for Mutual Divorce

4.8 | 241 ratings
Fixed Price Rs. 25000
Get hassle-free mutual divorce for both Indian and NRI couples through experienced lawyer in your city
Marriage Registration

4.8 | 170 ratings
Fixed Price Rs. 9999
Get your marriage registered through an experienced local advocate in the city of your residence
Similar questions

I am hindu. My sick old 79 year old father lives with us. My wife since 2015 staying away from me intermitantly and now for last 6 months with no sexu…

Read More

 My marriage is happened before 9 years & love marriage. There is only problem between us is I had random problem with drinking which I had l…

Read More

I got married in Jan22 2017 and we are Muslims under Indian law with no kids. Me and my wife are having a bad time in small quarrells to big ones. We …

Read More

My wife left matrimonial home on 25th April 2015. From there onwards no physical contact with her. Suddenly on november 2015 she informed me that she …

Read More

Get free assistance for your legal issue