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Need advise on divorce after 12 years of seperation


27-May-2025 (In Divorce Law)
Hi. My wife and I have been seperated for the last 12 years. We have a 14yr old daughter who is living with me and my parents. Predominantly been taken care by my parents and me. I want to file for a divorce now and move on in life. Please advise.
Answers (4)

Answer #1
813 votes
Since you and your wife have been living separately for 12 years, you can file for divorce on the ground of desertion under Section 13(1)(ib) of the Hindu Marriage Act, 1955, or consider mutual consent divorce under Section 13B if she agrees. The prolonged separation strengthens your case. As your daughter has been in your custody, you can also seek permanent custody through the Guardian and Wards Act. Engaging us will ensure the filing is properly strategized, with all relevant documents and evidence, to avoid delays and complications. We will handle the entire process end-to-end.
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Advocate Arjun S

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Answer #2
562 votes
hi, I can well understand your concern from the query raised, you can file for a contested divorce or a divorce by mutual consent, once the proceeding are over you will be granted a decree of divorce, dissolving the marriage, thank you, you can contact me for further clarifications
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Answer #3
758 votes
S.Gubasekar Answer. You can file for divorce on the grounds of long-term separation (over 2 years with consent, or 7+ years without). Since your daughter is living with you, custody is already in your favor. Consult a family lawyer to file a divorce petition in family court.
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Advocate S Gunasekar

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Answer #4
518 votes
yes on desertion ground that is your wife gt seperated from you more than 12 years , a minimum 2 years of separation is required to file divorce on desertion ground so u can file the case in proper jurisdiction
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Advocate Bobby Portia

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