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Wife has deserted the matrimonial home during 2015 and filed for divorce and child custody during 20


11-Jul-2023 (In Divorce Law)
Wife has deserted the matrimonial home during 2015 and filed for divorce and child custody during 2016. Husband has also filed for divorce on desertion ground and for child custody in 2017. Mediation has also not happened because both the parties did not attend the court proceedings properly and all the 4 cases are in enquiry status as of now. Husband wants divorce on desertion ground as it's been 7 years and 10 months of seperation. How to proceed further?
Answers (1)

Answer #1
989 votes
As regards custody is concerned, custody of a child below the age of 5 irrespective of the gender shall be with the mother. In your case, the child seems to be above 5, welfare of minor and why the other spouse should not have custody will be a deciding factor. As regards divorce, it looks like both the husband and wife have filed for divorce on two different grounds. So if the husband and wife are able to work out an arrangement for custody & alimony, divorce will only be procedural.
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