Hello,

You can file divorce on the ground of dissertion

The same will take 2 year to get decided

If she is alsi ready for divorce then a petition for mutual divorce will be filed which will take 6 months to get decided

Contact a local lawyer

Regards

1. If you want divorce then persuade her to apply for mutual consent divorce which is hassle free and can be wound up in less than 6 months, but if she does not agree to it then the only remedy for you is to file a petition for divorce on the ground of cruelty and desertion.

2. A wife who abandons her husband for a continuous period of 2 years commits desertion which is a ground for divorce under HMA.

3. If you want the custody of your child too then you may file a petition for child custody before the guardianship judge.

The whole idea of a marriage is to strengthen your bond and raise your kids together. Marriage throws an obligation on the wife, to live and co-habit with her husband. It is now well settled that the matrimonial court has to look at the entire conspectus of the family life and if one side by his or her words or conduct compels the other side to leave the matrimonial home, the former would be guilty of desertion, though it is the latter that is seemingly separated from the other.

Divorce should only be used as a last resort when you feel that marriage has broken down irretrievably and in spite of your best efforts there is no chance of survival of marriage. In Indian legal system it is very difficult to get divorce. If you go to court and ask for divorce against your spouse then the onus of proving the facts will be on you. You can ask court to grant divorce if you feel that you have been subjected to . .

• Mental cruelty

• Harassment

• Mutual consent

The courts can grant you divorce if they satisfied with one or more of the above conditions. The courts can also grant you divorce in case they feel that marriage between husband and wife has broken down irretrievably and no pint will be served by keeping the marriage alive in the eyes of law.

A Husband is entitled to seek divorce or judicial separation in case the wife is living away from him without any reasonable cause. However, the wife should be living away from the husband for a continuous period of not less than 2 years, before any petition for judicial separation or divorce can be filed. Daily domestic quarrels between husband and wife do not entitle either of the two to file a petition for divorce against the other. You can file divorce on the grounds of willful desertion ànd cruelty. In case of desertion, the burden of proof lies upon the petitioner. The offence of desertion must be proved must be proved beyond any reasonable doubt and a rule of prudence the evidence of the petitioner shall be corroborated.The petitioner is required to prove the four essential conditions namely,

(1) the factum of separation;

(2) animus deserendi;

Types of Divorce

Mutual Consent - Both the spouses are in agreement that divorce cannot be avoided and they both opt for a "no fault" divorce.

Contested Divorce - The spouse seeking divorce can file under the appropirate faith based law under which they got married or in case of civil marriage under the appropirate law under which they married or their marriage was registered.

Court Procedure

Hire a lawyer and provide him with all the relevant details

Lawyer files a petition in court

The court will send a copy of the petition to your spouse

The spouse could contest or agree to the divorce. If he/she contests it then the length of the process would depend on the facts of the case.

In case of mutual consent the spouses need to prove that they have been staying apart for more than a year

Once the proceedings are over the court gives a period of six months to reconsider the decision to divorce

In case the petitioners don't withdraw the petition the court grants the decree to divorce

Governing Laws

Hindus - The Hindu Marriage Act, 1955

Christians - The Divorce Act,1869, The Indian Christian Marriage Act,1872

Parsis - The Parsi Marriage and Divorce Act,1936

Muslims - Shariat Law, The Dissolution of Muslim Marriage Act,1939

Inter-cast/Secular - Special Marriage Act, 1954, The Foreign Marriage Act,1969

Major Grounds for Divorce

Adultery

Deserting the spouse for two or more years

Physical or mental cruelty

Conversion to another religion in case of religious marriage

Incurable disease such as leprosy, venereal disease in a communicable form

Insanity, unsound mind or mental disorder

Renounced the world by entering any religious order in case of religious marriage

Unheard of as being living for a period of seven years or more

Please file a RCR petition in the family court under section 9 of the Hindu Marriage Act for Restoration of Conjugal relationship.

Please also pray for the custody of child which will be possibly allowed to see your son.

Hi

File section 13(1) Hindu Marriage Act Petition for initiating the divorce proceedings.

If you want the custody of your son then you have to file a separate petition for the child Custody.

Contact a local lawyer.

Thank You

File for divorce on grounds of mental cruelty and desertion

2) wife refusing to stay with husband amounts to mental cruelty

3) wife not staying with husband for continuous period of 2 years amounts to desertion

4) seek joint custody of your son

5) court would award you visitation rights

Respected sir...

There are two process of taking divorce...

1-you have to file a divorce petition under section 13-A of HMA in this you need not to obtain her consent in which you will get the divorce on ground such as separation, Adultery, mental harassment etc ...

2 -you can file a divorce petition under section 13-B where she is giving consent to take divorce ...

You have to look under which section you can get ..

Thanku

1. It is unfortunate that you cannot lead a happy married life for the last 3.5 years.

2. You have a son and for seeing your son sometimes you went her home.

3. Divorce in India is no longer the rare breed of animal we get to hear about in a distant world. ‘Divorce’ or the big D word is now heard more frequently than before. Marriage is considered a sacrament and preserved as a social institution.

4. Try for the mutual consent divorce from wife. As mutual divorce takes only 6 months to settle the divorce proceedings. Settle the issue mutually if possible. Child custody can decided mutually in mutual consent divorce.

5. If wife is not agreeing for mutual consent divorce then you can seek divorce on the ground of desertion by wife for the last 3.5 years.

6. Desertion as a ‘total repudiation of the obligation of marriage’. The word desert literally means ‘to abandon or give up or forsake without any sufficient reason or intention to return’. In a marriage, if one spouse leaves the matrimonial alliance without any sufficient cause he is said to be at ‘fault’.

7. When a petition is filed, the first step is proving the fact of separation and the intention separately while the second step is to prove their union. It is fairly easy to prove the physical act of separation either from the conductor from the state of minds.

8. At last i just want to say that human progress is neither automatic nor inevitable... Every step toward the goal of justice requires sacrifice, suffering, and struggle; the tireless exertions and passionate concern of dedicated individuals.

SHRI GOPAL VERMA

ADVOCATE ON RECORD

SUPREME COURT OF INDIA

** Here you did not mention the issues with your wife.

1. If she refuse to stay with you then file RCR.

2. If you finalize that you do not want to live with her then file for MCD.

You need to file divorce petition on the grounds of mental cruelty and desertion against her in the court of law with th help of any good local advocate

1. You have not informed as to why has she has left you for last 3.5 years? Do you have evidence that she has left you for last 3.5 years?

2. If yes, then you can file a divorce suit against her on the ground of desertion and cruelty submitting evidence in support of your allegation.

3. Engage a local lawyer having expertise in this field.

4. You can also negotiate with your wife for jointly filing a mutual consent divorce petition on agreed terms which will be disposed of with in 6 & 1/2 months from the date of its filing.

Y she is living away.

She also wants divorce.

Either Mutual consent or file divorce on ground of desertion.

Approach the Family Court and file a divorce petition under section 13(1) of the Hindu Marriage Act.

If your wife is also ready for a divorce, you both may together obtain a divorce by mutual consent which is less cumbersome and expeditious.

What do you want to do further on this, whether you want to continue this married life or would like to dissolve the marriage?

What is the reason for living separately away from her?

Whether any effort was made to reconcile the differences between you both anytime earlier?

For child custody you can file a petition and also file an application for visitation rights as an interim relief in the same petition.

Please do meet any of the advocate nearby