Procedure and rules for contested divorce
12-Jun-2023 (In Divorce Law)
Wife often left home due parental influence.after childbirth no conjugal relationship up to almost two years. Wife moved out of married home at outstation to meet parents in hometown. Picked up fight on trivial or no issues and not wanting to return. Instead put child in school and picked up job.not wanting to return to husband, not divorcing but agreeing for mutual divorce with maintenance for child boy. Feeling cheated as it is without husband consent and prolonged no relationship ties. Advice for contested divorce if possible please.
You have option to file restitution petition or you can file divorce petition against your wife as well as you have option to file a petition for child custody. At the initial stage we can send her legal notice
As per your query
If you do not wish to divorce your wife and want her to reside with you along with the child, you need to approach the court and file a Petitioner for Restitution of Conjugal rights. Simultaneously you need to move an application for custody of child with an interim prayer for access of the child.
In case if you want to divorce her, better you settle your terms with her and file a mutual consent divorce.
Note that, you are not under compulsion to give your consent for mutual divorce if you don't wish to divorce her.
Regards
If you do not wish to divorce your wife and want her to reside with you along with the child, you need to approach the court and file a Petitioner for Restitution of Conjugal rights. Simultaneously you need to move an application for custody of child with an interim prayer for access of the child.
In case if you want to divorce her, better you settle your terms with her and file a mutual consent divorce.
Note that, you are not under compulsion to give your consent for mutual divorce if you don't wish to divorce her.
Regards
You can go for mutual divorce but secure maintenance of child and yours. Even though you dont want anything from him, buts its your right to ask for maintenance and compensation for life. Better you consult lawyer before take any decision.
As per your query you really seems to be cheated and deserted for no reason, therefore you can file a divorce case on grounds of desertion and cruelty for vacating the society of the matrimonial home for no reason or some reason
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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