• Separated from wife; looking for legal help

I am married to a girl but immediately after marriage she opted to be with her parents. As I was studying and working for my career, initially I did not raise objection as she was also working and supporting financially. Later, after my job, I somehow convinced her to be together but the life was never comfortable as she always tried to be concerned and connected with her parents. There is no harm in that but when I asked my parents to be with me, she raised the alarm and started showing tantrums that finally lead to our separation. We have 8 years old son who was born after 1 year of marriage and since last 4 years she is staying with her Parents and our son. She don’t respond to my call and stopped interacting in any form to me or my family members. Initially, we tried to get the things resolved but I have lost all hope and now I want full and final settlement. Please advise me how to proceed legally. I have been living alone since last 4-5 years but now i have lost all hope and patience. Please advise!!
Asked 4 years ago in Family Law
Religion: Hindu

3 answers received in 10 minutes.

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16 Answers


You may file for divorce on the ground of dissertion and cruelty.

You want the child custody?


Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

If your wife also willing agrees for divorce than you can file a mutual.consent divorce that will be fast and you both can arrive at settlement about alimony and custody of your child there is no lengthy legal process involved in mutual consent divorce.

But in case she is not agreeing than you have to file it on ground of cruelty and separation for more than 2 years continuously and grounds mentioned under section 13 Hindu Marriage Act

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Hello sir, the legal course is upon what relief you want to seek .. If you want divorce and she is also willing , then you can file for mutual divorce petiton under 13 B of Hindu marriage act ..All settlements relating to alimony and custody of child shall be mentioned in the petiton and will be executed accordingly by court ..2) if she is not willing to obtain divorce then you can file contested divorce petiton and application for permanent custody of children .. For further legal help you can visit at my office in Gurgoan district court .. Thank you

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

Dear Client,

U can apply for divorce on the ground for desertion for continuous 2 hours and her failure to commit with her matrimonial duties as a wife and daughter in law.

This can also be possible by Mutual consent which is more advisable.

But she may file false cases (like maintenance, violence etc) against u if she not agree for divorce or felt offended .

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

File for divorce on grounds of mental cruelty and desertion

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

3) seek joint custody of your son

4) court would award you visitation rights for child

Ajay Sethi
Advocate, Mumbai
87915 Answers
6207 Consultations

5.0 on 5.0

Firstly file a petition for for restitution of conjugal rights and after the non compliance of the decree file a divorce petition so it would become easy to prove separation

Saurabh Yadav
Advocate, Gurgaon
50 Answers
1 Consultation

4.9 on 5.0

File case for restitution of conjugal rights against your wife, if she is not responding to the same then with no other option you can opt for divorce.

Advocate, Bangalore
584 Answers
4 Consultations

4.8 on 5.0

1. If you have already decided to terminate the matrimonial relationship with your wife, then file a divorce suit on the ground of cruelty and desertion.

2. As per the supreme court, insisting husband to abandon his old parents is considered as cruelty on the part of the wife for showing as a ground for seeking the decree of divorce.

3. You can very well file a divorce suit against your wife on the ground of cruelty and desertion submitting evidence in support of your allegation.

4. It will be prudent on your part to negotiate with her for jointly filing a mutual consent divorce petition on agreed terms which will be decided with in 6 & 1/2 months from the date of its filing.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

If you wish to get separated, advise you to file a petition for dissolution of marriage. However, she may rush to file 498a or DV. Don't get panic, fight it out! However, they may come for settlement in between and the case shall come to an end.

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

You need to do two things together one file a divorce petition as your wife is living away from you last for 5 years on the basis of desertion, and child custody petition to ask for the custody of the son who is with wife.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

1) You can go with Mutual Consent Divorce and try to meet with counselor first, see how things get sorted out first and then proceed further.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

If you have lost all hopes and wish to come out of this marriage, file a case of divorce against your wife on the ground of desertion and cruelty.

Engage a local lawyer on your behalf to do the needful for you.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

You can ask her that if she is agreeing for mutual consent divorce, then your marital dispute will come to an end very soon.

If she is not agreeing for this arrangement then you may file a contested divorce case on the grounds of cruelty and desertion.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

you can file a divorce case against her and if you want to stay with her u can file a case in conjugal rights.

Satsheel Sheokand
Advocate, Gurgaon
20 Answers
1 Consultation

4.1 on 5.0


To stay together and prevent from many legal atrocities, file a case of restitution of conjugal rights.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

Dear Sir,

You can easily get divorce on the ground of desertion and irretrievable relationship. Since yourself and your wife are doing jobs in distant locations and not sharing married life for so many years itself prima-facie establish that there is a legal separation and desertion. You may also file divorce on the ground of cruelty as she is refuse to reside with her parents in law. For more grounds please call me.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

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