Procedure to file for divorce if wife living separately since 5 years


My wife is not with me from 2013 till date can I file for divorce


Answers (4)

firstly you have to send Lawyer's Notice to your wife to come back to lead your marital life with you within a month on receipt of the said Notice then after the expiry of the said period You can file a divorce suit before the competent court against her on the ground of long desertion which amounts cruelty for depriving you to enjoy your marital happiness and sextual enjoyments.


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yes, you can file divorce easily. the legal consequences of this divorce can only be told when we would have a face to face interaction as the information provided by you here is not sufficient to tell the matter in details.

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Under Section 13-B of the Hindu Marriage Act, 1955, the parties can seek divorce by mutual consent by filing a petition before the court. Mutual consent means that both the parties agree for peaceful separation.

Mutual Consent Divorce is a simple way of coming out of the marriage and dissolve it legally. Important requirement is the mutual consent of the husband & wife. 

Contested divorce in India is a formal way of seeking divorce from your spouse who is not agreeable to the idea of divorce. Contested divorce in India reflects a situation wherein one spouse has finally made up his/ her mind to proceed with divorce. Importantly reasons for contested divorce are not your personal choice to come out of the relationship. Reason should be one which is attributable to your spouse whose conduct, actions, omissions and failure to discharge expected reasonable behaviour that has annoyed you to the extent that you come to a conclusion that living together is not possibility.

Law provide various grounds to seek divorce from your spouse. Grounds for contested divorce, which are commonly used are:-

Divorce on the ground of cruelty.Divorce on the ground of adulteryDivorce on the ground of desertion.

Beside above, there are various other grounds such as unsoundness of mind, civil death, etc. to seek and start contested divorce in India

if you r a hindu and if your marriage was solemnised under hindu norms and was registered under hindu marriage act , then you may file divorce under ground of desertion under hindu marriage act sec 13 and if your marriage was registered under special marriage act, then you have to file under special marriage act sec 27

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 contact a Lawyer of your choice to address your query in detail.

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