• Divorce from my wife as she is staying seperate


My wife is staying seperate with my son since 2010.
We havent met each other neither my son since then till date. Actually we had difference of opinion and arguments. This is a love marriage. She wanted me to throw my parents and younger sis out of my place and only take care of her and my son. One day she argued so much and went to police station and filed complaint.. Police came home and spoke to all of us and she in frony of them said she want to go to moms place with my 1 yrs old son. And since then she is not with me. Can i file divorce ? Will this seperation be termed as legal seperation as we havent met or had any kind of relationship neither mental nor physical since 2010? Please guide me on how to get divorce in this case. She also took my original marriage certificate. Do let me know is original marriage certificate needed for job visa outside country.
Asked 4 years ago in Family Law
Religion: Hindu

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10 Answers

You can file for divorce from your wife Grounds of desertion as 13(1) (ib) of the Hindu Marriage Act, 1955 deals with desertion as a ground for divorce wherein, the deserted spouse filing the petition is the one who must sufficiently prove and provide evidence for his conduct showing unmistakably that the desertion was against his will.

You can obtain a certified copy of the marriage certificate from the Registrar where the marriage was registered and it would be treated as original for all official purposes.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

1. Since there is one child born out of this wedlock for his future only I would advise you to give one final try.

2. out of insecurity any wives act in such weird manner. I think you can talk to her private and try to remove her doubts.

3. try to arise love and affection in her. take her to holiday trips. often passing private moments away from common friends and relatives works wonder to salvage the relationships.

4. if all the efforts for sometime does not give any result then file a suit for divorce on the ground of cruelty.

In the said suit you can seek visitation rights of the child as well.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Firslty, sir, yes it may be asked by some country as necessity, but yes you can get the copy of the same from the concerned department by saying that you have lost it somewhere after paying a nominal fees for the same.

Secondly, yes you can go ahead and file a petition for divorce on the ground of desertion, cruelity also as now saying husband to leave the parents amounts to cruelity by the Supreme Court in recent judgements.

Thirdly, ypu may aslo get the visiting right for the son, but you may be asked to pay maintenance for the son and for the wife if she is not working.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Yes you can file divorce on ground of desertion under Section 13(1) (ib) of the Hindu Marriage Act, 1955 deals with desertion as a ground for divorce. Since from 2010 they are away you can file for divorce.

Also if your is registered marriage under Hindu Marriage or special marriage act apply for certified copy and produce it as evidence. Original marriage certificate is not needed for job abroad it's sufficient if you have certified copy from concerned authority which ensures the authenticity of document. Only when you are taking spouse abroad you need to produce marriage certificate.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

Yes you can file divorce under section 13 hindu marriage act on ground of desertion and cruelty. SInce there is desertion for more then 2 years it is clear ground for divorce. The case can be filled woth the family court at jurisdiction where you were married ,or at place she resides now or at place you both last resided together. Separating from parents amount to cruelty along with false police complaint and other grounds. Though separation shall not be legal separation but shall be desertion and that is ground for divorce.

You can get the certified copy of marriage certificate from the marriage registrar office where your marriage took place.

The marriage certificate though is not needed for you going outside to work it is needed when you take wife along so for her visa. But it is good to obtain the copy as different countries has different visa norms.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You can file for divorce on grounds of mental cruelty and desertion

2) since your wife has stayed separate from you for more than 2 years continuously case of desertion is made out

3) you don’t need original marriage certificate to file for divorce

4) wedding photos, marriage invitation card is sufficient

Ajay Sethi
Advocate, Mumbai
87917 Answers
6207 Consultations

5.0 on 5.0

1) Yes, original marriage certificate require to show visa that you are married.

2) Now you can apply for Mutual Consent that will be faster than any other procedures.

3) Living separately for so many years it will nit treated as judicial separation, actually you have to apply in the court.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

This is my response to you:

1. Yes you have been legally separated from her;

2. Approach the district court and apply for divorce under cruelty and desertion;

3. You can file a petition under section 13 of the Hindu Marriage Act;

4. If you want to see your son or have visitation rights then file a joint application within the petition;

5. This process would take 2 years maximum if contested;

6. Otherwise if she mutually agrees to divorce you then within 6 months you can get separated.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Dear Client,

Desertion for continuous two years and forcing to stay away from parents valid ground for divorce.

No assumed legal separation without order of court.

Can file divorce on above grounds.

Marriage certificate not needed for VISA process.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

You can file a contested divorce case on the grounds of desertion and cruelty.

The long separation and non cohabitation are substantial grounds for divorce.

You can obtain copy of the registered marriage certificate to solve your purpose.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

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