You will have to file a petition under section 25 of guardian and wards act alongwith application under sec 12 for claiming custody and visitation rights.
You can file a divorce on ground of divorce and dessertion Sir.
Regards
Child access at stage of separation
My wife left home 1.5 yrs back because of quarrel at home....she stays with her parents who are just 5min away from my home..she then through her lawyer sent a notice for mutual consent divorce, MCD, which I didn't agree to because there is no valid n serious reason to take divorce. Since then I tried to convince her to come back. Now I fed up of it and asked her to submit mutually for MCD..but now she not replying and she wants me to suffer n not get easy divorce.. meanwhile they have stopped my access to my daughter. My question is ...,is there anyway to get access to my daughter through court ... what are alternatives to make her respond legally and to take divorce..?
Asked 7 years ago in Family Law
Religion: Hindu
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8 Answers
1)i f wife refuses to agree for MCD you can file for divorce on grounds of mental cruelty
2) wife refusing to stay with husband amounts to mental cruelty
3) seek joint custody of daughter
4) court would award you visitation rights
Should I go for restitution of conjugation filing or for divorce filing.. what pros n cos..
Asked 7 years ago
Sir, for the custody of your daughter you have to file a application in family court.. It is advisable to go for mutual divorce as it is more convinient and less time consuming .. If she do not agree you can file divorce on the grounds of desertion .. You can file a divorce petition , if she do not appear, court will grant a ex- parte divorce
you can file for RCR but it is useless
2) even if you get decree you cannot force wife to stay with you
3) you can file for divorce on grounds of mental cruelty
RCR is not an effective remedy, even if you get an order in your favour, it becomes difficult to enforce it. Though if she does not come bavk even after one year of the order then that might become a ground for divorce
1. The only remedy for you is to file a petition for child custody in the court, whereupon the court may grant you custody or visitation rights. In a child custody dispute the paramount consideration for the court is to secure the welfare of child. To uproot your daughter from the custody of her mother will be an uphill task as she has been residing with her mother for 1.5 years now and also there is a delay by you in filing the case, but you are likely to get visitation rights.
2. You are at liberty to unilaterally file a petition for dissolution of marriage on the ground of cruelty and desertion after the period of separation crosses 2 years.
You can file child Custody case and also seek visitation rights as an interim relief in the same case.
This will make her think to consider your proposal for mutual consent divorce.
If you are really interested in living with her then you may file a restitution case or you can go for divorce case directly without wasting time or money or energy on other things.