If you want divorce from her can get by apply in the court on cruelty and non consummate grounds.

Plus as per Guardian and Children wards Act you will get custody of your son.

Irretrievable breakdown in marriage is not considered as a valid ground of divorce under Indian law. 

File divorce case on ground of cruelty. 

Or if your wife  is ready for mutual divorce in real sense,  then you can go for it.  Set all terms of divorce including custody. But try to understand the real intentions of your wife to mutual divorce. In law she can change her consent for  mutual divorce during cooling period of six months. Court can not do anything if she denies to divorce later on. 

If you have any doubts of her intentions go for contested divorce only. 

contested divorce cases take over 5 years to be disposed of 

you have to prove allegations made in divorce petition 

3) custody of child is generally awarded to wife . you would get visitation rights 

1. I wonder how could you survive marriage of 11 long years when there is no physical relation for the last 8-9 years at all.

2. After 8-9 years the reason of refusal to have sex with you ad ground for divorce become futile.

3. Anyway you can take this plea along with ground of mental cruelty.

4. Before that ask her for mutual divorce.

5. There is no time limit to get divorce .

Contested divorce will take years and no surety if divorce will grant. Spouse's refusal of physical intimacy ground for divorce but in this case you are less interested and even if you impute this ground on her, she may retaliate due to your ignorance.

Custody of child rest with mother, you may get partial custody like visitation rights.

Irretrievable breakdown of marriage not valid ground to grant divorce, so you have to develop grounds like physical/mental cruelty.

And many issues/irritation occurs due to lack of physical relation.

It's better you both go for mutual divorce it will be speedy and easy and you will free in 6 months. If she is not willing only remedy is that you file contested divorce which will take time. 

1. Convince your spouse to agree for Mutual Consent Divorce. Better to  opt Mutual consent divorce route and mutually the husband and wife can take decisions in the matter of child custody, finance, assets, maintenance or alimony, returning the jewellery given by  your parents and relatives etc.

2. In the joint petition to be filed by both husband and wife for dissolution of their marriage U/S. 13-B of the Hindu Marriage Act (Mutual consent divorce) , the custody of child, maintenance, finances, property matters, visitation rights will be mentioned.

3. The reason can be mentioned as due to irreconcilable differences they have been living separately since one year, and their marriage has broken down irretrievably and efforts to bring about reconciliation have also failed.

4. The time for concluding mutual consent divorce will be 6 months and this cooling period of 6 months can also be waived off in certain cases.

See firstly see since there is no cruelty as such from your wife so in case she is not ready for mutual divorce it would be hard to contest the contested divorce on ground of cruelty as other grounds such as adultery or desertion are not applicable in your case. There is no evidence of cruelty too.

So in your case firstly you should talk to your wife and seek divorce from her in case she is not ready for mutual divorce file before the family court on ground of cruelty and take grounds such as no physical relationship she shouts and abuses.

You can file for divorce under cruelty and for non complying the biological requirements of man and women (these averments you need to prove)

You can file application for child custody, Court will conduct counselling of the child before taking decision.

I do not think that you have any scope for a mutual divorce. In that case, you may contest a case of divorce against your wife on the ground of cruelty. To retain permanent custody of your child, you will have to contest a separate legal battle against her.

- Marriage without sex will be an insipid relation , and it is also a ground for divorce.

- Otherside, Unreasonable behaviour, Desertion, two years separation with consent , Five years separation (no consent required) are the ground of Divorce as well.

- After reading your submissions, it is looking that you people are passing your life without zeal and enjoyment , and  lacking which further life cannot pass happily.

- Better try to convince your mom and kids , and your wife , that how you can be alive under this stale relation.

-  Further try to convice your wife for a mutual divorce with a promise to give her financial aid in need.

- Othewise , you have many grounds as i mentiioned above for getting a divorce.

- After filing your divorce case , period depends on the attitude of your wife. If, she will not file any case against you , then it will take very short time to get divorce decree in your favour.

- As per law if the child's age is less than 5 years, the mother can claim for physical custody and father can have a visitation rights. But after the child has crossed the age of 5 years, the physical custody and up bring of the child will be considered by the court.

- Custody of child will be granted in the interest of child and on the basis of financial positon of parents.

- Hence, possiblity is in your favour to get the custody of child .

Good luck and dont forget to rating Positively.

Dear Client,

If there is no physical relations, you may file a petition for divorce on the basis of mental cruelty. Try to record her all activities that seem or create mental disturbance. There are Chances  that she will get the custody of the child. 

if in case your wife is not agree you can approach to the court by explaining the reason for divorce.

you have to give reason to the court. Example : divorce can be on the basis of cruelty , mental torture, assault etc.

For custody of child you have to file petition under section 7 of guardianship and wards act.

In The circumstances explained by you the option you have is to file contested divorce on ground of mental cruelty against your wife. 

The contested divorce may take 3 to 4 years to get disposed off. 

But my opinion is that you both should go for counselling and if counselling fails you should go for mutual consent divorce it will not take much time.

1. Application for divorce can be filed based on grounds acceptable by the Law like cruelty.

2. The grounds shown by you for seeking the decree of divorce is not acceptable by Indian law for issuing decree of divorce. Your grounds will be accepted by USA law but not Indian law.

3. Best course of action for you shall be to jointly file 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.

4. However, if she is not agreeable for MCD, then file a divorce suit on the ground of cruelty submitting evidence in support of your allegation. Keep audio/video recording her statements (abusive or insulting) which will be considered as digital evidence.

5. You have the liberty to stay away from the house where she is staying and can file a petition seeking custody of your child for his welfare.

7. It shall have to keep in mind that she can file an application seeking maintenance from you which is likely to be granted.

The divorce is a different subject to that of the child custody.

If you are serious about the divorce  then you can go ahead with the contested divorce case, provided she is not agreeing for mutual consent divorce.

For child custody case you may have to file one to get your child to your custody.

Will it be okay for you as both the cases will take three to five years to get disposed.

Dear Sir,

The divorce procedure differs from situation to situation depending on the length of matrimony, whether there are children born out of wed-lock, consent of the parties, religion etc. The procedure to file for the divorce process is simpler when the parties consent to the divorce. Mutual consent divorce or divorce by mutual consent is sought under Section 13-B of the Hindu Marriage Act, 1955 where both the parties mutually agree to dissolve the marriage amicably. The divorce laws in India support both mutual consent divorce and divorce without mutual consent. There is no such thing as automatic divorce in India as proper legal measures have to be taken in order to nullify the matrimonial bond.

In case your spouse is not ready for the mutual consent divorce, then you can file a petition under any of the grounds mentioned under Section 13(1) of the Hindu Marriage Act.

GROUNDS FOR DIVORCE

1. Adultery – The act of indulging in any kind of sexual relationship including intercourse outside marriage is termed as adultery.
 
2. Cruelty – A spouse can file a divorce case when he/she is subjected to any kind of mental and physical injury that causes danger to life, limb, and health. The intangible acts of cruelty through mental torture are not judged upon one single act but a series of incidents.
 
3. Desertion – If one of the spouses voluntarily abandons his/her partner for at least a period of two years, the abandoned spouse can file a divorce case on the ground of desertion.
 
4. Conversion – In case, either of the two converts himself/herself into another religion, the other spouse may file a divorce case based on this ground.
 
5. Mental Disorder – Mental disorder can become a ground for filing a divorce if the spouse of the petitioner suffers from incurable mental disorder and insanity and therefore it cannot be expected from the couple to stay together.
 
6. Leprosy – In the case of a ‘virulent and incurable’ form of leprosy, a petition can be filed by the other spouse based on this ground.
 
7. Venereal Disease – If one of the spouses is suffering from a serious disease that is easily communicable, a divorce can be filed by the other spouse.
 
8. Renunciation – A spouse is entitled to file for a divorce if the other renounces all worldly affairs by embracing a religious order.
 
9. Not Heard Alive – If a person is not seen or heard alive by those who are expected to be ‘naturally heard’ of the person for a continuous period of seven years, the person is presumed to be dead. The other spouse should need to file a divorce if he/she is interested in remarriage.
 
10. No Resumption of Co-habitation – It becomes a ground for divorce if the couple fails to resume their co-habitation after the court has passed a decree of separation.

STEP BY STEP PROCEDURE TO FILE FOR DIVORCE

The Step by Step procedure for divorce is given as follows:

Step 1: Filing Petition 
The first step of the divorce procedure is to file for a Divorce Petition in the concerned family court through a competent lawyer. Any of the partners which is aggrieved can approach the court and file for Divorce Petition in the appropriate jurisdiction on any of the grounds mentioned above. The same can be done with the help of a divorce lawyer.

Step 2: Service of Summons
The next step after filing the Divorce Petition is the service of summons on the contesting parties to inform them that a divorce procedure has begun against them by the aggrieved spouse. The party who is served the summon has to appear before the Judge of the family court.

Step 3: Response to Petition
The next step in the procedure for divorce is filing a response to the Divorce Petition. This is done by the party that wishes to contest the divorce on the grounds that they wish to contest on, accepting or rejecting the points raised in the petition.

Step 4: Trial
Once both the parties have presented their points through the petition and the response, the trial begins where the court hears both the parties with their evidence and witnesses.

Step 5: Temporary Orders
The next step of the procedure to file divorce is the interim orders which are passed by the court related to child custody, alimony, maintenance etc.

Step 6: Final Order
The final step is where the court pronounces the final order dissolving the marriage after which the court proceedings will come to an end.
 

How can a lawyer help with divorce proceedings?

Divorce is an emotionally and financially draining time. Irrespective of the type of divorce you seek (i.e. mutual or contested), it’s important you have a lawyer by your side who can guide you through the complex procedure of divorce.

Having a consultation with an experienced and well-versed divorce lawyer can help you in numerous ways. There have been cases where even seemingly straightforward divorce have become complicated and only a lawyer who is an expert in handling such situations can help you get through such circumstances. Additionally, a lawyer can help you litigate your case If you need to and can guide you in resolving other issues associated with divorce such as child custody, alimony, etc.
 

What happens if a divorce issue is not resolved?

A divorce is a very complex and expensive issue in India if it is not with mutual consent. Not only the parties to divorce but their families also suffer during the entire procedure of separation. Therefore, it is essential that the procedure gets done away with as soon as possible and the suffering ends for both the parties and their families. By hiring a lawyer one can ensure that delay in getting a divorce is avoided and divorce is granted as quickly as possible.
 

you can check from this website for lawyers paractising in surat 

2) best option is to file for divorce by mutual consent 

3) dont purchase any property during pendency of divorce proceedings 

You should hire a good lawyer and later depending on your case how it develops the advice will vary. yes you will hurt many people but you don't have any choice.

Custody petition will file where child is residing.

there are number of expert lawyers on this website from surat. you can contact them through this web portal. 

See in retaliation to the divorce case wife may file false case of domestic violence. Further see try for mutual divorce as such there are no grounds for divorce in you case.

You should engage local family court advocate so that he can handle and guide you properly. 

If you have decided to file a divorce case besides child custody case, you can very well go ahead with your proposed cases.

You can discuss with your advocate at length before filing any legal cases.