How to get divorce if my wife has left me

630 votes

you can file complaint in court against her boss. you can also file divorce petition on above said grounds. as far as gaurdianship is concern the natural gaurdian is mother of girl child . your daughter is three years old at this stage but you have every to meet you daughter. it is up to court to whom custody of child may be given for betterment of child.

Advocate Salim Shahzada Khan LawRato

676 votes

You have already sort return of the minor girl child to you who was removed from your custody by your wife. The Family Court will decide this issue taking the welfare of child as paramount consideration. As fat sole guardianship of the minor is concerned, that you already enjoy the natural guardianship and in order to get your wife out of the natural guardianship of your minor child you need to have suitable grounds to show that your wife who is also biological mother of the minor child is ab detrimental affect on absolutely unfit to remain the natural guardian of the minor as her being so is detrimental to the welfare of the minor child. Her having affairs with her boss may not be sufficient enough ground for this if the minor child welfare is taken care and not been in any manner having.
Even you cannot proof just by recording that your wife is indulging in sexual relationship with her boss, having affairs verbally is not sufficient enough to proof the adultery happening between these two that will entitle you divorce under section 13(1)(i) Hindu Marriage Act,1955, this may be ground of mental cruelty covered under section 13(1)(ia) HMA. The absence of actual sexual relationship between both also not entitle you for getting relief under section 497 IPC for charging the boss for the offence of adultery and filling complaint against him in the court of Judicial Magistrate Class 1.

LawRato LawRato