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How to get divorce if the spouse has been living separately
13-Jun-2023 (In Divorce Law)
It's been 5 years that my wife with my son has been living separately. We initially filed for mutual divorce but she backed out may be because no alimony was dere. Now she wants huge amount of alimony but does not talk about anything.I don't even have her phone no. and addresss.Neither she has filed any court case on me.
I have filed child custody & restitution of conjugal rights case on her.Things are going very slow in litigation and 5 yrs have passed like that.
Is it possible that we can go for Mediation if the court allows? What is the procedure for that?
U can file case for divorce. It is not slow litigation u have right to file the divorce on the ground of desertion. It is very fast process not slow. You can also file the child custody. But she has right to file the maintenance of her and child also.
Thanks
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Adv. Sidharth Bagla
Charkhi Dadri | 25+ Answers
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Hello you can request court for mediation in already pending case of child custody and restitution of conjugal rights provided she is appearing before the court. However in these circumstances you should file contested divorce in the court and get the notice served through publication after permission of court. Please share complete details to advice further.
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Adv. Ranbir Singh
Faridabad | 25+ Answers
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Sir, we doesnot comment on the ongoing litigation untill we get complete information/status about your cases..and yes you can opt. for mediation anytime either in court or outside the court there is no time limit for that.
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Adv. Prateek Aggarwal
Gurgaon / Gurugram | 100+ Answers
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