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Procedure for divorce in case wife has taken the daughter away


04-Aug-2023 (In Family Law)
i want a divorce from my wife with 3 years daughter , she has a doubt that im into a extramarital affair , she has left the home wih daufgter 1 month back and send me a 7 pages legal notice from a lawyer claiming all the blames that i have removed her from house and harrased her and if i dont go and bring her back home she will take a legal action , i dont want her back in my life she has also filled a police complaint against me , please advise
Answers (4)

Answer #1
715 votes
1st of all we have to sent notice reply. As we as if u dont want to live with ur wife Then we have to file divorce petition against ur wife As well as we can file petition for access of ur daughter. And we have to file our say or written reply to police.
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Advocate Anis Momin

Adv. Anis Momin

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Answer #2
582 votes
Have you replied to her notice??? If yes then we need to look into it what ground you have taken into your reply. Also you can file a divorce petition on the ground of cruelty and desertation against your wife.
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Advocate Kunal Tiwari

Adv. Kunal Tiwari

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Answer #3
725 votes
Hello, if you have received a legal notice then it is required to be replied through an advocate. Regarding other mentioned points it is needed to have a meeting in order to sort out the issues of differences.
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Advocate Kavita Kulkarni

Adv. Kavita Kulkarni

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Answer #4
908 votes
If you want to safety life with her after take at home so both of you can make MOU for future life and both of you can start beautiful family with your daughter otherwise she is not agreed for MOU then you file Restitution of Conjugal right in the Court then this will be settled as per both of mutually consent and you can start your life with family.
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Advocate Ritu Srivastava

Adv. Ritu Srivastava

LawRatoMumbai | 25+ Answers
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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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