How can I proceed for divorce when my wife has stopped leaving with me
11-Jun-2023 (In Divorce Law)
I married in year 2011, it's now 7 years and have 6 years old son. We both are from Bihar. It was an arranged marriage. I'm working in Mumbai, before this I worked in Delhi. My wife is a house wife. While in Delhi she had an affair with a neighboring man. From starting of our marriage whenever she goes to her parents home in Bihar, stays there for 3-4 months. She never calls me or asks about me. She has lost interest on me. She says i feel lonely in cities. Their parents say me, leave your job, came back to village and do any business. This time also she has gone to her parents home and not ready to come back, it's now 4 months. My son is with her. whenever she is there also not ready to go to my home (35 km village from her village). I'm fed-up with this every year. i worried if I leave my job but still she don't care about me or my parents. can i take divorce somehow. please suggest what to do.
Yes. you can proceed for divorce in Family Court on the ground of cruelty. You need to establish before the Court the Court that you have been subject to continuous mental cruelty from her end. The custody of the child normally remains with mother save and except exceptional cases however you claim access to meet the child.
Dear Client,
You can proceed to file divorce petition under the Hindu Marriage Act 1955 and can get separated from her. You can also seek custody of your son since she is so careless about you . It is your right to seek her company and she is bound to live with you. If she neglect and refuses to do so you have full right to get divorce from her.
You can contact me for further process and advise on the matter with full evidence and details.
Regards,
HS Verma
Advocate High Court
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You can proceed to file divorce petition under the Hindu Marriage Act 1955 and can get separated from her. You can also seek custody of your son since she is so careless about you . It is your right to seek her company and she is bound to live with you. If she neglect and refuses to do so you have full right to get divorce from her.
You can contact me for further process and advise on the matter with full evidence and details.
Regards,
HS Verma
Advocate High Court
---------------------------------------------------------------------
If there is no room for conciliation or mediation and there is irretrievable breakdown of marriage then you must file divorce proceedings against her.
This is my response to you:
1. You can file for divorce under cruelty, separation and adultery;
2. You will need proofs of all the above 3 situations;
3. You will also need to file for full custody of the child and less or no visitation rights to the mother;
4. To do above engage services of a lawyer and start the process immediately.
This is my response to you:
1. You can file for divorce under cruelty, separation and adultery;
2. You will need proofs of all the above 3 situations;
3. You will also need to file for full custody of the child and less or no visitation rights to the mother;
4. To do above engage services of a lawyer and start the process immediately.
Yes you can take divorce on the grounds of desertion, where any one of the spouse has vacated the society for no reason or any reason thereof, you can take step to file divorce on the same grounds and get legally separated
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.
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