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.

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.

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.

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.

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.

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

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.

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.

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.

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.